THE LIBRARY
OF
THE UNIVERSITY
OF CALIFORNIA
LOS ANGELES
THE
PARLI AMENTA RY
O R
CONSTITUTIONAL
Hiftory of England,
From the earlieft TIMES,
T O T H E
Reftoration of King CHARLES II.
COLLECTED
From the RECORDS, the ROLLS of Parliament, the JOURNALS
of both Houfes, the Public LIBRARIES, Original MANU-
SCRIPTS, fcarce SPEECHES, and TRACTS ; all compared with
the feveral Contemporary Writers, and connected, through-
out, with the Hiftory of the Times.
By SEVERAL- HANDS.
THE SECOND EDITION.
IN TWENTY. FOUR VOLUMES.
VOL. XV.
From July i, 1646, to June 22, 1647.
L O N D O Ar,
Printed for J. and R. TON SON, and A. MILLAR, in the
Strand -t and W. S A N D B Y, in Fleet-Jlreet*
MDCCLXIII.
W/7
nc*L
N/./5"
THE
PARLIAMENTARY HISTORY
O F
ENGLAND.
HE Month of July 1646 begins An. 21 Car. I
with a moft remarkable Inftance of
the ftrange Viciffitude of human
Actions in the Perfon of Archbi-
fhop Wiuiams, a Prelate who has.
borne a diftinguifhed Part in this.
Hiftory. On the Removal of the
Lord-Chancellor Bacon for Bribery and Corrup-
tion, he was promoted to the High 'Office of Lord-
Keeper of the Great Seal by King James(a). In this
Station he appeared a ftrenuous Supporter of the
Prerogative, zealoufly attached to the King's great
Favourite Buckingham^ and apologizing for his Ma-'
jefty's relaxing the Execution of the Laws againft
Recufancy (b] ; a few Years after fallen into fuch
Difgraceat Court, thro' the Intrigues of Archbifhop
Laud, as to be, for feme Time, refufed his Writ of
Summons to the Parliament which met in tebru-
- VOL. XV. A ary,
(«) In July 1621, being then only Dean of V, flit!.'
the next Month nominated to the Bifhoprick of Linteln,
(i) Jnour 5th and 6th Ydiumes, faffim.
but ia
1646.
—\r~
July.
1272167
2 72* Parliamentary HISTORY
An. 12 Car. j. aryt 1625. In 1637, fined io,oco/. imprifoned
t * . in the Tower during the King's Pleafure, and fuf-
Jul/. pended from all his Dignities and Offices by the
High Commiflion Court [d] : But upon a new Turn
in Politicks, tranflated to the Archbifhoprick of York
upon the Death of Dr. Neile, in December 1641, —
Here we find him acling the Cafuift in the Cafe of
the Earl of Stratford^ advifmg King Charles to diftin-
guifh between a private Confcience and a public
Confcicnce (*) ; and when the Temporal Power of
the Clergy was attack'd, exerting himfelf as their
moft remarkable Advocate ; difplaying great Force
of Learning and Oratory in Vindication of their
Claims (f) : But now Temporibus mutatis, taking up
Arms in favour of that Parliament who had not
only fet afide the very Order of Epifcopacy, but,
the more effedtualy to eftablifh their Form of
Presbyterian Church-Government, were, at that
Time, framing an Ordinance for felling the Lands
of the Bimops, Deans and Chapters, throughout
the Kingdom.
The laft Particular in the Conduct of this Great
Man has been much palliated, and almoft even de-
nied, by the Authors of his Life (g], though pofi-
tively aflerted by all the Contemporary Writers (h] :
But a Letter read intheHoufe of Lords, the fecond
of this Month,, from Colonel Mitton, andfomeo-
thers that follow in the Courfe of this Work, will
put this Affair out of Difpute for the future.
Carnarvon, June 15, 1646.
Honourable^
[Aving, by the Help of Godj reduced unto
c J. J. your Obedience this rocky r.nd mountain-
' ous Country, Carnarvorfiire, in Nwtb Wales9
* fituated towards Ireland (one fm?ll Town there-
* inexceptcd, which yet is block'd up) and that irt
* a fhort
(d) Rujbttortbi Vol. II. p. 416, & feet
{t\ In our gth Volume, p. 270. (f) Ibid* p. 294*
fjf ) Bifliop A.Tf^e.'and Mr. drr.brofc V/iftitms.
(bj Weit/Kk-i Mfmanatt,;. zc.'t. T1. I\vt, No. T.,?., p. 725*
No. 147, p. 8. The Mcdtr&.e h:'.... .... ;- Aitr*
(uriut Rnj)icuit Jtftii fjt 1646. P.s.j7.<xtr:i>t Vol. Vi. p. c.; .
^ENGLAND. 3
a (hort Time, and with fmall Forces, the Bar- An. 22 Car. I.
rennefs of the Country beinj no ways able to t^V ' t
maintain or nourifh any great Army: I held it juiyi
befitting that Ingenuity which the Parliament
ufeth to cherifh in all their Servants, to reprefent
unto your Honours, amongft many others, one
Perfon efpecially by whom I have been much en-
couraged and afiifted, from Time to Time, in all
Services: It is the Archbifhop of TorJc ; who, be-
hdes his Parts, Learning and Experience, (which,
are known, I fuppofe, tomoftof your Honours) is
of thofe Means, Power, Kindred and Alliance
in thefe Parts, as I muft profefs that his Afliir-
ance in feveral Ways (being invited by me to put
himfelf upon the Favour of the Parliament) hath
been very advantageous and effectual in this Re-
duction of thefe ftrong Towns and mountainous
Countries unto their due Obedience. I was at
firft put into the Hopes of gaining his Furtherance
in this Work, becaufe I received it from all
Hands, thatthe Archbifhop, ever fmce his coming
to Wales, did employ himfelf rather in defending
of his native Country froin the Violence and In-
curfions of the Commanders in Chief and Soldiers
under the King, (who accordingly bear him
much Rancour and Malice to this Day for fuch
Endeavours) than in actual oppoitns; the Defigns
of the Parliament ; with which Invitation he
very eafily complied, tho* towards the eleventh
Hoar of the Day, yet upon the firft calling, as
it were, and approaching of the Parliamentary
Forces, unto thefe reincteft Parts of this King-
dom ; and, beingcnce entered into the Vineyard,
I muft do him that Right that he omitted no
P^xpcnce, Coft, Travel, or Induftry to comply
with the Parliament.
* Thefe Services of this wife and grave Perfo-
age, myfelf being unable to requite, I do hum-
bly and moft earneftly recommend to your Ho-
V.fpe& and Cor.fid^ration, who can beit
- h, t a Man of his Parts, under fuch Obli-
A 2 ' gutions
4 ¥he Parliamentary HISTORY
An. ia Car. I. < gations from your Honours and the Parliament,
' may hereafter deferve, fo fhall your Honours
July. ' w^k nim> very mucrl cngage
I0«r Honours mojl bumble and faithful Servant ,
THO. MITTON.
P^ S. ' Since the writing of this Letter it hath
' pleafed God, after fome Trouble, but without
* Bloodmed, that the Ifle and County of dnglefey^
with the ftrong Caftle therein, is reduced unto
the King and Parliament ; and in this Service
my Lord of York had none of the leaft Part, be-*
fides that his Lordfhip, whilft our Forces 'ex-
pected other Employment, withdrew his own
Men from his Houfe at Penryn ; and, with fome
Addition of his Friends, hath laid a clofe Siege
unto Cvnway Town and Caftle, and doth at this
Inftant vigoroufly purfue it, which I thought
myfelf bound to reprefent unto your Lordfhips
for the Benefit and Advantage of that worthy
Perfon.'
This Letter being communicated to the Houfe
of Commons the fame Day, they ordered their
Speaker to return Col. Mltton Thanks for his good
Services} and to let him know that they would
alfo take the Services of the Archbifhop of York
into Confideration as they fhould have Occafion.
Order ofParlia- About the Beginning of this Month an Order
jnent againft Pa- of both Houfes was made for all Papifts and Irijh
pl l*'^"/-""?6^' to be put out of the Lines of Communication,
and Oxford Ca- , , , j . /">• i r L i \ j
»aJie«, (then drawn round the City and Suburbs) and out
of all Corporations. That thofe alfo who came
from Oxford^ on the Rendition of that Place, of
any of the King's Garrifons, mould be in their*
Lodgings by nine o'Clock ; to make them mew
their Pafles and difarm them ; and that they engage
never to bear Arms againft the Parliament. This
Order to be publifhed by Beat of Drum and Sound
of Trumpet.
Mr.
^ENGLAND. 5
Mr. JWritlocke makes this grave and juft Refleo An. 2* Car. I,
tion on this Order: l64-f- M
c Thus we may fee, that, even after almoft a
Omqueft, yet they apprehended no Safety; fuch
are thellTues and Miferies of a Civil War, that the.
Victories are full of Fears from thofethey have fub-
dued. No Quiet, no Security. Oh let our Prayers
be to God never to have fuch calamitous Times
again.'
July 4. This Day Mr Alderman Foote, one of
the Sheriffs of the City of London, accompanied
with more of his Brethren and divers Common-
Council Men, attended the Houfe of Lords with
a Petition, in which was the Draught of another
intended to be fent from the City to the King.
Thefe Petitions contain many very remarkable Ex-
preflions of Refpect from this Body Corporate to.
his Majefty. And firft that to the Lords :
To the Right Honourable the L O R D S ajfimlled in .
the High Court of Parliament^
Tlie HUMBLE PETITION^ the Lord Mayor?
Aldermeri^ and Commons of the City of London,
in Common Council
Humbly Jheweih^
* "~~M"* HAT having received the Honour from The city of Un-
* JL his Majefty to be (by a particular Lettfer of d«n dcfire Lravr
' the i9th of ^laft the Copy whereof «re^^»
* prclentcd to your L-ordmipsj alluiea or his Koyal the King.
c Refolutions to comply with his Parliament fof
' Settlement of Truth and Peace, the Petitioners
' do conceive thcrnfelves obliged in Duty to make
* fome Return thereto; and cfpecially to take this
' Opportunity, when the Honourable Houfes are
' preparing to difpatch fome Proportions to his
* Majefty ; but the Petitioners could not prefume
* to rcfolvc upon any fuch Addrefs before they had
' received the Plcafurc of your Lordfhips thcreup-
' on ; And therefore they humbly prefent unto your
* Lordfhips the Draught of that Petition, which
A 3 ' they
*Tbe Parliamentary HISTORY
they have prepared to be delivered to his Majefty*
and humbly attend the Order of your Lordfhips
juiy. • thereupon.
And/hall duly pray, &c.
MICHELL.
Next was read the Draught of the City's Peti-
tion to. the King.
To the K i N G'S Moft Excellent Majefty,
The HUMBLE PETITION of the Lord Mayor +
Aldermen, and Cwimons of the City of London,
in Common Council affembled.
* VT/E moft humbly acknowledge the fpecial
W Grace and Favour of your Majefty, in
condefcendingfo particularly to communicate un-
to this City your royal and pious Refolutions to
comply with your Houfes of Parliament, for fet-
tling of of Truth and Peace in this diftrafled King-
dom, fignified by your late gracious Letter of
the jgth of May laft to the Rreprefentative Body
thereof; in which, as the Petitioners cannot but
fee the fpecial Hand of Almighty God, fo they
muft, and do, from the Bottom of their Hearts,
blefs his holy Name who at length hath opened
fuch a Door of Hope, by inclining your Maje-
fty's Heart to look down upon the Afflictions of
your People; and from thence take Comfort to
themfelves that he will confirm and increafe thefe
good Refolutions in your Majefty. •
' As for the City, the Petitioners efteem it their
Duty now again, as they have formerly done, to
declare unto your Royal Majefty and the whole
World, That, according to their Proteftaticn and
Covenant, they have always, and do ftill retain
'the fame loyal Thoughts towards your Majefty as
ever, and asbecameth Subjects to do, from which
they (hall never recede.
* And as, next unto the good Guidance of Al-
mighty God, they do humbly commit and fub-
mit the Means and Manner of their future Peace
and Happinefs unto your Majefty's great and
* faithful
O/ ENGLAND. 7
* faithful Council the two Houfes of Parliament, An. 11 Car. j.
' fo they (hall continue their inftant Prayers to the
* Throne of all Grace, to difpofe your Majefty's
' Royal Heart to comply with fuch Proportions as
* from them (hall be prefented unto your Majefty,
' for the Settlement of true Religion and Peace in
* all your Kingdoms, and the Maintenance of the
' Union between the two Nations ; and then the
' Petitioners (hall not doubt but your Majefty
' (which is their earneft Prayers) will, with Ho-
* nour and Joy, return unto this your antient City ;
e and that your Throne (hall, in you Royal Self
' and your Pofterity, be eftabliflied in all your
' Kingdoms, to the great Honour of your Majefty
* and the Comfort of all your good Subjects,
' amongft whom the Petitioners (hall always ftrive
' to approve themfelves inferior to none in Loyalty
' and Obedience,'
The Lords, after reading the foregoing Peti- which the
tions, order'd the Thanks of the ftoufe to be gi- Lords return
ven to the Petitioners, and more particularly for . Thanki for,
firft communicating to that Houfe what they in-
tended to fend to the King.
The fame Day both thefe Petitions were pre-
fented to the Commons by Mr. Sheriff Ktnricky
but met with a quite different Reception : For the
Speaker, by Command of that Houfe, told the
Citizens, That hearing fome from the City were at
the Door with a Petition, they were willing to call
them in, but that it wa,s a Bufmefs which deferved
great Confideration, and (hould be taken Notice
of in convenient Time. Accordingly, a few Days
after, the Members for the City of London were
ordered to acquaint the Lord Mayor and Common P))t the
Council, That they are, together with the whole rr.
Kingdom, included in the Proportions to be now
fent to the King; and that therefore the Commons
could not approve of the City's fending any Peti-
tion to his Majefty.
Mr. Ludlow writes : That in the Debate on
this Occahon, Mr. Henry Martin faid, « That tho*
hq
8 The Parliamentary HISTORY
An. 22 Ctr. I. he could not but agree with what had been affirm"
t j6^- J cd touching the Citizens being involved in what
jyj^ their Reprefentatives did, and their not fending
Commifiioners as they defired ; yet, as to the
Subftance of what they propofed, he could not fo
much blame them as others had done; they there-
in {hewing themfelves, in the End of the War, no
lefs prudent than they had exprefied themfelves ho-
neft in the Beginning : For as when the Parlia-
ment invited them to ftand by them in the War
againft the King, in Defence of their Religion,
Lives, Liberties, and Eflates, they did it heartily,
and therein {hewed themfelves good Chriftians
and true Englishmen; fonow, the \Var being end-
ed, and the Parliament upon making Terms with
the King, and thinking fit to fue to him, now their
Prifoncr, for Peace, whom they had all incenfed
by their Refiftance, the Citizens, having confider-
able Eftates to lofe, {hewed themfelves prudent
Men, in endeavouring to procure their Pardons as
well as others: And though the Houfe wi!l not
permit them to fend as they defire, they have
exprefled their Good-will, which, without L)oubt,
will be well accepted (/).'
"July 6. A Declaration of the Lord -General, and
of the General Officers and Soldiers, of the Scott.
Army at Neuicaflle^ fent to the Loids by the Com-
miffioners of that Kingdom, was read ; which,
with the Confequences, were in thefe Words:
Junet 26, 1646.
' ChrifHan Blood occafioned by the Continuance
' of this unnatural War, having fo deeply wounded
6 us; and being earncftly defirou.s of giving fome
* evident Teftimony of our Piety to God, Loyalty
* to our Sovereign, and Love to thefe Kingdoms,
' that the Conftancy of our Affection to this Caufe,
* our Zeal to the Reformation of Religion, and his
" * Majefty's
(/) Memoirs, Vol. I . p. 182.
ef E N GLAND. 9
* Majefty's Perfon and Authority in Defence there- An. ai Car. I.
' of, and our firm Refolutions to purfue the Ends ^ '' M
* exprefled in our Solemn League and Covenant, jujy>
' may appear to the World, we have thought it
' neceflary in this Juncture of Time, (when all
* Means are effayed by the Enemies of Truth and
' Peace to difparage our Proceedings, by rendering
' fufpected our beft Adlions and Endeavours, to
1 the begetting of Mifunderftanding, and weaken-
' ing the Union between the two Kingdoms) to
* declare and make known, That as we have en-
' tered into a Solemn League and Covenant, with
* our Hands lifted up unto the moft High God,
' with real Intentions to promote the Ends thereof,
* fo we do refolve, God willing, conftantly to ad-
' here to the whole Heads and Articles of the fame ;
' and for no earthly Tentation, for no Fear or
* Hope to fall away and violate our facred Oath.
' We do likevvife profefs, That nothing hath
' been v.'ith greater Care and Faithfulnefs endea-
' voured by us, than to preierve the happy Union
' and brotherly Correfpondence between the King-
' doms, as a principal Means of Happinefs to
* both ; and (hall continue in the fame Care to
4 avoid every Thing that may tend to the Infringe -
' ment thereof, with a fpecial Regard and Ten-
* dernefs to the Interefts of both Kingdoms: For
' the ftrengthening of which Union, and removing
* every Thing that might obftrucl the fame, as hi-
' therto we have had no Compliance nor kept Cor-
c refpondence with known Enemies and Malig-
' nants, fo will we never hereafter give Counte-
' nance or Encouragement to any Perlon difafFecl-
6 ed to the Parliaments of either Kingdom.
' And that the Integrity of our Intentions and
' the Uprightnefs of our Defires may be more ma-
' nifeft, we do declare, That we abhor all public
' and private Ways contrary to the Covenant, and
' deftrudtive to the Happinefs of both Kingdoms :
' We difclaim all Dealing with thofe that are in-
* ftruments of thefe unhappy Troubles and Impe-
* diments of Peace; and with all fuch Perfons who
' will
I o cfhe Parliamentary HISTORY
will not ufe all Means and Endeavours, and con-
tribute their beft Councils and Advice for hafting
an End to our lading Miferies, and procuring a
fureand well-grounded Peace: And, in particu-
lar, we do abominate and deleft that execrable
Rebellion of James Graham^ utterly abjuring all
Manner of Conjunction with him and his Con-
federates, and with all other known Enemies or
declared Traitors to either Kingdom, notwith-
ftandingof any Inilnuaticns to the contrary, ex-
prefled in fome Letters, as it is faid, by his Ma-
jefty to the Earl of Ormond^ in Ir eland (k] : For
we have none but iingle Intentions and unfeigned
Defires of Peace, renouncing all Communion
with whatfoever Defigns and Practices, contri-
ved in the Dark, to the Prejudice of Religion,
and the Tranquillity of thefe Kingdoms, the only
Principles by which we move.
' And as we came into this Kingdom at the
earnelt Defines of our Brethren, to aflift them in.
the Time of their great Extremity, in purfuance
of the National Covenant, not for any mercenary
Ends, nor toemich ourfelves, as is falflyand ca-
luminoufly charged upon us by thofe that wifli
not well to us nor our Caufe; fo fhall we be moft
willing to depart and return home in Peace, with
the fame Chearfulnefs and Affection that we had
when we came in : Nor {hall the Matter of Mo-
ney, or want of juft Recompence for the Service
performed, and Hardfhip fuitained, be to us an
Argument of our Stay: But, leaving the Confide-
ration of thefe Things to the Wifdom and Direc-
tion of both Parliaments, we fhall fo far deny
ourfelves as not to fuffer any private Refpe&s of
our own to retard the Advancement of this Caufc,
or prejudge the public Work of both Kingdoms.
* We cannot conceal, but muft acknowledge,
how fenfible we are and have always been, of
the many Complaints prefented to the Parliament
of England againft this Army, and the heavy
Calumnies and A fperfions lying upon us for having
(A) See this Letter in our i4th Volume p, 442,
of E N G L A N D. ir
committed Infolencies, and opprefled the People An. « Car
by taking free Quarter; offering ourfelves moft L l64"6'
willing and ready, that whofoever amongft us juj
have by their Mifuemeanors, Miicarriages, or in-
ordinate Way of walking, fcandalized the Caufe
for which we have taken our Lives in our Hand,
or endeavour to beget a Mifunderftanding, or fo-
ment Jealoufies between the Kingdoms, we (hall
ftrive to difcover all fuch, and labour to bring
them to public Trial and condign Punifhment ;
not doubting but as we are zealous to vindicate
our Honour and Reputation from all Reproaches,
fo the Parliament will likewife be pleafed to have
fuch favourable Conftruclion of our Proceedings
as not willingly to harbour any Thoughts which
may leffen their Refpe&s to us, and which are
not fuitable to the conftant Tenor of our Car-
riage and Profeffion.
* And we (hall likewife defire that our manifold
Neceffities, and prefling Wants to which we were
many Times reduced, may not be forgotten ; and
that the Ways and Means appointed for our Supply-
neither anfwered the Expectation of the Honour-
able Houfes of Parliament, nor fatisfied our Ne-
ceffities ; fo that for Want of Monies we could
not always dif:harge our Quarters : Yet do we
moft freely declare our Willingnefs to allow of
whatfoever hath been taken up by us; and for
that Effect we defire the Accounts of the Army
to be adjufted with the feveral and refpeclive
Counties, that whatever can be juftly charged
upon us may be difcounted off any Sums that
(hall be refting to us in Arrear. And if we knew
any thing elfe that could ferve to remove all
Jealoufies and Mifunderftandings, and beget a
more full Confidence of our Uprightnefs, we
fhould, with the fame Readinefs, apply ourfelves
to all the Ways that might conduce thereunto.
' But becaufe his Majefty's fudden and unex-
pected Coming into this Army doth minifter new
Occafion to us to give fome Demonftration of
Our Conftancy, tho' we hope his Majefty came
< with
12
July.
The Parliamentary HISTORY
with real Intentions to fatisfy the juft Defires of
his Parliaments, and compofe all thofe Differen-
ces j yet, left it fhould bring in Queftion the
Clearnefs and Integrity of our Ways, whereof
our Conferences do bear us Witnefs, and all our
Actions fhall be publick and real Tertimoniesj
we do proteft that his Prefence with us hath not
begotten any Alteration in our Minds in the lead
Meafure to eftrange us from the Ways of our
Covenant, or alienate our Refolutions from go-
ing on 2/ealoufly, coriftantly, and unanimoufly
to fet forward the Ends therein exprefled, endea-
vouring (fo faraslieth in our Power) to improve
that Providence of his coming to us, to the pub-
lic Good 'and Happinefs of both Kingdoms.
And as it is our earneft Defire that his Majefty
would no more fuffer himfelf to be involved in the
Counfels whereof he has had ib fad Experience,
to the endangering of his Perfon, Poflerity, and
Kingdoms; fo do we exceedingly wifli that he
would comply with the Counfels of his Parlia-
ments to the Satisfaction of his good People.
And we (hall be careful that nothing proceed from
us which may give Occafion to his Majefty to
entertain any fecret Confidence that this Army
will give Afliftance for advancing other Ends than
fuch as are agreeable to our Covenant, conducing
to the Good of Religion, the Happinefs of the
King and his Pofterity, and Safety of the King-
doms.'
Signed by is Excellency the Earl of Leven, the
General Officers, and three CommiJJloners from
every Regiment of the Army.
E T 1 T I o K of the Earl cf Leven, Lord-
General, the General Officers, Colonels, Captains^
&c. of the Scots Army> prefinted to his Majefty
at Newcaftle.
'June 26, 164.6.
And their Peti- c AT/E your Ma]eftv's loyal Subjects and faith-
tion to tUKing. < VV ful Servants, 'the Lord-General, the Gc-
, « neral Officers, the Colonels and Captains in the
A. Sc*tf
of E N G L A N D. 1
Scots Army, now in the Kingdom of England, An. at
from the deep Senfe of the bleeding Condition of l6*6
thcfe Kindoms, fo heavy prefled with fad Afflic- T^"
tions thro' the unhappy Differences between your"
Majefty and your Sujecls, from the true Affec-
tion and Zeal to the Reformation of Religion,
and your Majefty's Perfon and Authority in De-
fence thereof; and in the Purfuance of that facred
Oath which we have taken, with our Hands lifte'd
up to the moft High God, do make our humble
Addrefs, and tender this earneft Petition to your
Majcfty in our Name, and in the Name of all
the inferior Commanders and Soldiers under our
Charge, that your Majefty, in your Wifdom and
Goodnefs, maybe pleafed to take a fpeedy Courfe
for fettling of Religion and Church-Government
in this Kingdom, according to the Word of God
and Examples of the beft Reformed Churches,
and bringing the Churches of the three King-
doms to the neareft Conjunction and Uniformity;
and for eftablifliing the Privileges and Liberties
of your Kingdoms according to the Dcfires of
your good People.
' We may not conceal our unfeigned Grief for
that your Majefty hath not yet been pleafed to
authorize and fign the Covenant, which we were
confident would bring Honour to God, Happi-
nefd to yourfelf and Pofterity, and endear yo'ur
Majefty, above Meafure, to all your faithful
and loyal Subjects: In the juft Defence whereof,
as many of them have already loft their Lives, fo
are we ready to facrifice ours.
' We muft alfo pray your Majefty to compaf-
fionate the diftrefled Condition of your King-
doms, groaning under the heavy Prefiurcsof ma-
nifold Calamities occafioned by the Continuance
of this unnatural War; and to comply with the
Councils of your Parliaments; that ali Differences
being happily compofed, and the Armies in both
Kingdoms difbanded, we may return home in
Peace, or be difpofed of otherwife by your Ma-
jefty, with the Advice of your Parliaments, which
' may
14 The Parliamentary H 1 s T o fc Y
An. 22 Car. I. < may be moft for your Majefty's Honour artff
. l6*6' J « Service, and the Profperity of thefe Kingdoms.
julj~ &£jia/ by his Excellency the Earl of Leven, the
General Officers, and three Commijjioners from
every Regiment of the Army.
To the foregoing Petition the Earl of Lanerk,
by his Majefty's Command, returned this Anfwer :
TAm, in his Majejly's Name, to return this Anfwer
His Majefly's •* to the Petition prejented to him by the Lord-Gene-
ral> the General Qfficers •> the Colonel*, and other Offi*
cers and Soldiers cftbe Scots Army, That his Majejty
came into the Scots Army with full Intent of fettling
an happy Peace in thefe his Kingdoms, and to fatisfy
the jujl Dejires of his good Subjects, and likewife
to comply with the Parliaments in all Things which
Jhall be for the Good of Religion and the Happinefs
of his SubjeftS) which he will always prefer to all
worldly Interefts.
And whensoever it Jhall pleafe God fo to blefs hit
Majefty's Endeavours as to fettle an happy Peace in
thefe his Dominions, his Majejly will be very foli-
citous to find out fame Means of honourable Employ-*
ment for fo many gallant Men as are employed in
this Army.
, Newcaftfc, June »7. 1646. L A N E R K.
After many Months canvafilng the Propofitions
to be fent to the King for a fafe and well-grounded
The Proportions Peace, and after many Altercations, Meflages, Con*
the fcine. " " ^erences5 Divifions in and between the two Houfes,
and Confutations with the Scots Commiflioners a*
tout them, they were at laft agreed to by all, and
brought to a Conclufion. They were read this
Day for the laft Time, and the Lords ordered that
they (hould immediately be fent to the King, and
deputed the Earls of Pembroke and Suffolk from
their Houfe, joined with a proportionable
Number of the Commons, to carry them. A
Copy of which Propofitions will fall in the Sequel j
for they were not yet fent away of fome Days.
A par-
Of E N G L A N D.
A particular Letter to the King was alfo agreed An
to, this Day, by both Houfes, That he would be t
pleafed to give Command to the Earl of Ormond^ ju]y
for the delivering up of Dublin^ and all other Forts
and Garrifons in Ireland.
'July 7. A Letter from the Scots Commiffioners
at Edinburgh was read, recommending Archibald.
Marquis of Argyle to be one of the Commiffioners
for the Church of Scotland^ at London^ to profe-
cute the Treaty for Uniformity in Religion and
Church-Government betwixt the two Kingdoms,
in the room of Lord Balmerino, recall'd. Accord-
ingly his Lordfoip, by Confent of both Houfes,
was made one of the Aflembly of Divines, then
fitting at JVcftminJler.
The fame Day a Mefiage was brought from the
Houfe of Commons, to fignify to the Lords, that,
about the Beginning of 'June laft, the Commons,
at a Conference, delivered to their Lordfhips a
Vote> declaring, Thr.t this Kingdom had no far-
ther Ufe for the Scots Army ; wherein they defired
their Concurrence. That they now again defired
it j and further to acquaint them, that the Com-
mons of England were no longer able to bear that
Burden, nor pay that Army,
The Lords did not go immediately on this Af-
fair, but ordered that, the next Morning, they
would not only proceed upon it, but alfo on the
difbanding all the Armies in the Kingdom; and the
Peers were to have Notice to attend. Accordingly,
July $. This Eufinefs was taken into Cor.fide-
ration, but foon coiKlnded j for the Vote being
again read, and a Debate arifing, the Queftiort
was put, Wbethff it fhcuid be kid afitk tj!l fuch
Time as this Houfe receive an Anfwcr from the
Commifficners which arc to 2:0 io the King with
the Fropofuions for Peace, after the Delivery of
the Petitions ? and refulveti in the AJ^V mative.
This Day, «tlfo, ihe Comrnrns d> 'ivercu to the
l»ords, at a Conference, a Cw^.y o; the Inft/uc-
tioi.s
*The Parliamentary H i s f o R V
I. tions which were to be given to the Commiflioners*
mentioned above : Thele were ordered to be kept
private, and are not printed with the Proportions^
but ftand thus in the Journals of both Houfes.
INSTRUCTIONS of Icth Houfes of Parliament for
Philip Earl of Pembroke and Montgomery,
James Earl of Suffolk, Sir Walter Erie, Knt>
Sir John Hippefley, Knt. Robert Goodwin, Efq.
Luke Robinfon, Efq. or any three of them, ap-
pointed Committees of both Houfes of the Parlia-
ment of England, to join with the Commissioners of
the Kingdom of Scotland, to prefent to the King's
Majejly the Proportions for a fafe and well*
grounded Peace, and to receive his Majejly s An-
fwer thereunto*
C \7OU> or an7 three °f you» are forthwith to
the Commiflion- e A repair to the Town of Newcajlle upon Tyne,
ers appointed to c or to fuch other Place within the Kingdom of
*" ' England where his Majefty mail be, and there to
* obferve the Inftrudlions following :
' You, or any three of you, (hall there prefent
c to the King, from the Lords and Commons af-
' fembled in the Parliament of England, the Propo-
* fitions herewith delivered unto you for a fafe and
e well-grounded Peace, agreed upon by the two
c Houfes of the Parliament of England, and by the
* Commiffioners of the Kingdom of Scotland.
' You, or any three of you, are to defire from
* the King his pofitive Anfwer and Confent to the
* faid Propofitions.
' You are to return with all Diligence and Speed
c to the Parliament at IVeftminfter, as foon as you
' fhall have received the faid Anfwer from his Ma-
* jefty. In Expectation of the faid Anfwer you are
* not to make Stay at Newcajlle, or at fuch other
' Place where you fhall find the King, above the
* Space of ten Days next after your Arrival at
' Newca/lle, or fuch other Place as aforefaid ; but
* the faid Time of ten Days being expired, you
* are forthwith, without any Delay, to return to
' the
of E N G L A N< D. tj
« the Parliament of England^ to give them an Ac- Aa, it Car. 1,
* count of your Proceedings/ t 16+ '. *
July
y«/y 9. A Letter was read in the HouTe of
Lords, which came from the Aflemblvof the Kirk
of Scotland at Edinburgh ; which, for its extraordi-
nary Style, requires a Place in this Hiftory.
//LETTER from the General djjembly of the Kirk
of Scotland to both Houfes of Parliament.
Right Honourable, Edinburgh, June 18, 1646.
« TPHE Report of the great Things which the
* JL Lord hath done for your Honours has gone fembly of the
« forth into many Lands, and it becometh us, leaft ^^"p^
' of any, either to fmother or to extenuate the fame : ^^ "
* We defire to be enlarged in the Admiration of
' the Power and Mercy of God the Author, and
* to diminifh nothing of that Praife that is due to
' you as Inftruments.
* When the Lord fet your Honours upon the
* Bench of Judgment, both the Kirk and Com-
' mon-wealth of England were afflicted with in-
* teftine and bofom Evils; the Cure whereof
* could not but be very difficult, becaufe they were
' not only many, but for the moft Part univerfal
* and deeply rooted, flielter'd under the Shadow
' ofCuftom and Law, and fupported with all the
* Wifdom and Strength of the Malignant andPfe-
1 latical Party; who rather chufed to involve the
' Land in an unnatural and bloody War, than to
* fail of their ambitious and treacherous Defigns
' againft Religion, the Privileges of Parliament,
* and the Laws and Liberties of the Kingdom.
' Neither hath that miferable Crew been wanting
* unto their own Ends, but, for many Years to-
* gether, hath defperately purfiied their Refolutions
* in Arms; and was likely to have prevailed, if
' the Lord had not put himfelf in the Breach, and
' furnifhed you with much Patience, Wifdom,
* Courage, and Conftancy in the Midft of many
« Difficulties and Diftrefles ; and, at laft, with fo
VOL. XV. B • gloriou*
1 8 The Parliamentary HISTORY
. -2, car. I. < glorious and triumphing a Succefs, that the Ene-
*' '^^j ' my hath fallen every where before you, and there
jaj£ ' is none left to appear againft you.
' Thefe Things, as they be Matter of our Re-
' frefhment and of your Glory, fo do they lay a
' ftrong Obligation upon your Honours to walk
' humbly with your God, and to improve the
* Power he has put into your Hands, for the Ad-
' vancement of the Kingdom of his Son, and bring-
* ing. forth the head Stone of his Houfe.
« The flow Progrefs of the Work of God has
' .always been the Matter of our Sorrow; which
* is now encreafed by the Multiplication of the
' Spirits of Error and Delufion, that drown many
* Souls in Perdition ; and fo ftrengthen themfelves
4 that they (hall afterwards be laboured againft with
' more Pains than Succefs, if a fpeedy and effectual
' Remedy be not provided : And, therefore, as the
* Servants of the living God, who not only fend up
* our Supplications daily for you, but have hazarded
' ourfelves in your Defence, we do earneftly be-
c feech your Honours, in the Bowels of Jefus
c Chrift, to give unto him the Glory that is due
*. unto his Name, by a timeous eftablifhing all his
' Ordinances in the full Integrity and Powerthere-
' of, according to the League and Covenant. As
' long as the AfTembly of Divines was in Debate,
* and an Enemy in the Field, we conceive that
' thefe might 'be probable Grounds of Delay;
* which being now removed out of the Way, we
' do promife ourfelves, through your Wifdom,
* Fnithfulnefs, and Zeal, the perfecting of that
' which was the main Ground of our Engagement,
* and a chief Matter of Confolation unto us in all
' our fad and heavy Sufferings from the Hand
' of a mcft cruel Enemy*
' We know that there is a Generation of Men
' who retard the iVork of Uniformity, and foment
' Jealoufies betwixt the Nations, ftudying, if it
* were poffible, to break our Bonds (fander : But
we truft that he that fittetb in the Heavens will
and that the Lord will have them in De-
* r.ijion f
^/ENGLAND. 19
* rifion ; that he Jball fpeak to them in his ffratb, An. 21 Car. *•
* and vex them in his fore Difpleafure ; and, not- l646- ^
4 withftanding of all that they can do, fct his King ^ ~T '
' upon his Holy Hill c/'Zion, and make thcfe Na- ^
* tions happy in the fweet Fruits of Unity, in Truth
' and Peace.
' The Searcher of Hearts knows we defire to hold
* faft the Band of our Covenant as facred and in-
* violable, being perfuaded that the Breach of fo
* folemn a Tye could not but haften down upon
' our Heads a Curfe and Vengeance from the righ-
*'tcous Judge of the World, and involve thefe
' Kingdoms in further Calamities than they have
* yet feen. And we abhor to entertain any other
* Thoughts of you; nay, we are confident that
( your Honours will ferioufly endeavour the Profe-
* cution of all the Ends defigned in the Covenant,
1 and the bringing thefe Nations unto the neareft
' Conjunction, both in Judgment and Affection^
* efpecially inthofe Things that concern Religion ;
* which, without all Controverfy, is the readieft
* and fureft Way of attaining and fecunng the
* Peace and Profperity of both Kingdoms.'
Subjcribed in the Name of the General j4jfembly$
by ROBERT BLAIR, Moderator.
The Lords having given Orders for the Profecu-
tion of Colonel John Lilbiirne in their Houfe, and ^"Q £0*. Lil-
that the Attorney-General and the King's Counfel burne before th«
(hould prepare and exhibit Articles againft him; .Hou^eofr Lord.f>
., V . V 'for afperhng ths
accordingly, Earl of Man.
July 10. The Charge was brought in and read
as follows :
ARTICLES exhibited before the Lords in Parlia-
ment djjembled, by Sir Nathanael Finch, Knt. one
of his Afajefly's Serjeants at Law, again/} Lieu-
tenant-Colonel John Lilburnej Jor high Crimes
and Mifdemeanors done and committed by him.
' \I7Hereas the Ri!!lu Hon- Edwd Earl of
* W Manckfflr'i b>' the Space of divers Years
* laft pad, hath been and vet is one of the Peers of
B2 this
20
An. 21 Car. I.
16+6.
TJje Parliamentary H i s T o R r
this Realm; rmd whereas the faid Earl was, bj'
Ordinance of Parliament, appointed General of
divers Forces raifed by the Parliament, the faid
John Lilburne, intending to fcandalize and dif-
honour the faid Earl, andto raife Difcord between
him and other Subjects of this Realm, hath, in a
certain Book hereunto annexed, and by him con-
trived, and caufed to be printed and publifhed,
intituled The Jujt Man's Jujlification ; or a Letter
by way of Plea in bar, falfly and fcandaloufly af-
firmed and publiflied certain Paflages concerning
the faid Earl of Manchejler,, and his Demeanors in
his faid Office and Employment ; viz.
I. ' Touching the Complaint by the faid Lil-
burne alledged to be made by him and others to
the faid Earl, as follows, at Page 2. / complained t»
the Earl of Manchefter again/I Colonel King, be-
ing both his General and mine, and at the Jame
Time of divers Gentlemen of the Committee of
Lincoln, as Mr. Archer, &c. and having Arti-
cles of a very high Nature againft him, pujhed my
Lord to a Trial of him at a Council of War ; and
at the very fame Time the Mayor, Aldermen, and
Town Clerk ofBo&on came to Lincoln tt my Lord,
with Articles of a fuperJative Nature againjl the
faid Colonel King their Governor, but could not get
my Lord to do them 'Jujlice at a Council of War,
contrary to all our Expectations, as of Right we
ought to have had; which at prefent faved his
Head upon his Shoulders. And, in Page the 8th
and Qth of that Book, did affirm thefe Words, viz.
Ifa could not at all prevail, the Reafon of which
weare notable to render, unlefs it were that the King's
two Chaplains, Lee and Garter, prevailed with
the Earl's two Chaplains, Afh and Good, tt
cajl a Clergy Mijl over their Lord's Eyes, that he
Jhiuld not be able to fee any Deformity in Colonet
King.
II. ' The faid John Lilburne, within three
Months laft paft, in a certain Book by him con-
trived, and caufed to be printed and publifhed,
here- unto annexed, intituled, The Freeman s Free-
* dim
of ENGLAND.
dam vindicated; or, A true Relation of the Cfi!>ftAn
and Manner of Lieutenant-Colonel ]o\\n'L\\burne's
prefent Imprisonment in Newgate, being thereunto
arbitarily and illegally committed by the Houje of
Peers ; June 1 1, 1646, for his delivering in at
their open Bar, under his Hand and Seal, his Pro-
tejlatlon againjl their encroaching upon the com-
mon Liberties of all the Commons 0/~England ; by
endeavouring to try him , a Commoner £/" England,
in a criminal Caufe contrary to the exprefe Tenor
and Form of the iqth Chapter of the Great Charter
of England; and for making his legal and ftj/}
Appeal to his competent, proper*, and legal Tryert
and "Judges^ the Commons of England, in Parlia-
ment ajfembled, did falfly and fcandaloufly, in the
8th Page of that Book, publilh andafiirm, con-
cerning the faid Earl of Manchejler, thcfe falfe
and fcandalous Words, I clearly perceive the Hand
of Joab to be in this, namely* my old Back-friend
the Earl of Manchefter, the Fountain, as I con-
ceive, of all my prefent Troubles ; who would have
hanged me for taking a CaJJle from the Cavaliers
in Yorkfhtre, and is fo clofely glued in Inter ejl
to that Party, that he protected from Jtijiice Co-
lonel King, one of his own Officers, for his good
Service in treacherouJJy delivering or betraying
Crowland to the Cavaliers; and never called, nory
that I cculd hear, de fired to call, to account his Of-
ficer or Officers, that bafely, cowardly, and treache-
rou/Jv betrayed and delivered Lincoln up to the E-
newy, without jlriking one Stroke, or flaying till
fo much as a Troop of Horfe or a Trumpeter came
to demand it. His Lord/hip's Head, it feents, had
Jlood too long upon his Shoulders, that makes him be
cannot be quiet till Lieutenant-General Cromwell's
Charge agalnjl him, fully proved in the Houfe of
Commons, be rfvived, whhh is of as high a Na-
ture, I believe, as ever any Charge given in there ;
the Epitomt of which I have by me, and his Lord-
Jhip may live to fee it Jhcrtly in Print by my Means.
* And the faid John LHburne, in the Book and
Page laft mentioned, in Scandal and Difliommr
The Parliamentary HISTORY
of Henry Earl of -Stamford, a Peer of this King-
4 dom, and a late Commander of Forces of the
* Parliament, makcth this fcandalous Expreflion,
* viz. And for my Lord of Stamford, at prefent I
4 defire him but to remember one Article made at the
4 Delivery of Exeter, which it may be, in 'Time, -will
4 c'jd his furious Endeavours to enjlave the free
4 People of England.
III. * Whereas the faid John Lilburne, upon
4 the nth Day of June lad part, by virtue of the
4 Order of the Peers affernbled in this prefent Par-
* liament, was brought to their Bar, to anfwcr
4 concerning the faid Book in the faid firft Article
1 mentioned ; the faid John Lilburne, intending,
4 falfly and malicioufly, to fcandalize and difho-
* nour the Peers afiembled in Parliament, and their
* juft Rights and Authorities, did then and there,
4 in Contempt of the faid Houfe of Peers, at the
4 open Bar, the Peers then fitting, openly de-
* liver a certain Paper hereunto annexed, under his
* Hand and Seal, intituled, The Prctejlation, Plea,
*• and Defence cf Lieutenant-Colonel John Lilburne,
4 given to the Lords at their Bar, the nth cf June,
' 1646, with his Appeal to his competent, proper,
4 and legal Tryers and Judges, the Commons of En-
* gland in Parliament ajjembled, which Paper is
6 here unto annexed, and fmce caufed the fame to
* be printed and poibliftied ; in which Paper,
4 amongft many other Scandals therein contained,
4 he publifhed and affirmed, concerning the Lords
4 in Parliament, thefe \Vordsfollowing, viz. There -
* fore, my Lords, you being, as you are called, Peers^
4 meerly made by Prerogative, and never intrujled
4 orimpowered by the Commons of Enghnd, &c.
4 And in another Place thereof, concerning the
4 Lords and their Proceedings in Parliament, did
4 protefl and publifh thefe Words following, 7 da
* here, at ysur open Bar, froly? againjl all your
4 prefent Proceedings with me, in this pretended
* criminal Caiife, as unjvjl, and againjl the Tenor
* and Form of the Great Charter, which ell you
* have fivorn inviolably to cbferve, and caufed the
< 4 Commons
of ENGLAND. 23-
4 Commons cf England to do the fame ; and there- An. ^^ Car. lf
4 fore, my Lords, I do her cly declare, and am refol-
4 ved, as in Duty bound to God, myflf, Country,,
4 and Pofterity, to maintain my legal Liberties to the
4 la ft Drop of my Blood, agalnji all Oppofers what-
4 foever ; having Jo often in the Field adventured
4 my Life therefore ; and do from you, and yucr
4 Bar, as Incroachers an I u far ping Judges, appeal
* to the Bar and Tribunal of my cc?npeient, proper,
4 and legal Trycrs and 'fudges, the Commons of Eng-
4 land ajfembledin Parliament.
4 And, in Purfuance of hi:; faid malicious and il-
4 legal Practices, did afterwards contrive and pub-
4 lifh a fcandalous and libelous Letter, hereunto
4 likewife annexed, directed to • M;. - JFollaJiojft
4 Keeper of Newgate, or his Deputy ;. \vhercin, a-
4 mong other Things, he hath caufed to be infertcd
* and publifhed thefe Words concerning the Peers
4 in Parliament, viz. Their Lordjhips fining by vir-
4 /.v of their Prerogative Patents, cud nyf by Elcc^
4 tion or Confent of the People, h<;?c, a.s. Alagna
4 Charta, and othsr good Laws of the La.tul.tsU me^
4 nothing to do to try ?KC, or any Commj;*>:r whatf? -
4 cv'r, in any criminal Canfe, either for Life, Lim,!,
4 Liberty, or Ejlate : But, contrary hereunto, as.
' Encroach-jrs and Ufurprrs upon my Freedom a.i.l
*.' Libert';, they have laii'y and illegally cnd:avoy-
. try ;/;(', a Commoner, at tbe.tr Bar ; f:r
' h I, under, my Hand and Seal, ,protf/L\d ty
* their Faces agaiajl them, as violent and illegal En~
4 croachers upon the Rights and Liberties of. me and
4 all the Commons of En gland, a Cap} of which I
4 herewith in Print find y;u: And at their Bar I
4 • openly appealed to my competent, proper, and legal
4 Tryers and Judges, the Commons of England af-
4 fembled in Parliament ; for which their Lord/hips
4 did illegally, arbitrarily, and tyrannic ally, commit
4 me to Prij'on into your Cujiody ; which Putefta-
4,tiQri and Papers, and Matters therein contained,
4 do falfly, leandaloufly, and nialici.mfly charge
* the Peers in Parliament- with Tyranny,' Ufurpa-
64 4 tion,
•
.
fat. 22 Car* I,
' 1646.
<Tht Parliamentary HISTORY
tion, Perjury, Injuftice, and Breach of the great
Truft in them repofed ; and are an high Breach
of the Privilege of Parliament, and are high Of-
fences againft the Laws and Statutes of this
Kingdom, and do tend to the great Scandal of
the Peers, and the Authority with which they are
* in veiled, and ftir up Difference between the faid
* Peers and others of the Subjects of this Realm.
NATHANAEL FINCH.
A printed Paper was alfo brought into the Houfe*
jntituled,
The Sum of the CHARGE given in by Lieutenant*
General Cromwell again/I the Earl of Man-
chefter (a).
« *TTHAT the Earl of Manchejler hath been
f M- always indifpofed and backwards to En-
* gagements, and, againft the Ending of the War
* by the Sword, and for fuch a Peace to which a
* Victory would be a Difadvantage j and hath de-
* clared this by Principles exprefs to that Purpofe,
* and a continued Series of Carriage and Actions an-
.« fwerable ; and fmce the Taking of Tort (as if the
* Parliament had then Advantage enough) he hath
* declined whatever tended to further Advantages
f upon the Enemy j neglected and ftudioufly fliift-
* ed off all Opportunities to that Purpofe, as if
* he thought the King too low and the Parliament
* too high ; efpecially at Dennington-CaJUe, where
6 he had drawn the Army into, and detained them
* in fuch a Poftiircasto give the Enemy frefh Ad-
* vantages, and this before his Conjunction with
* the other Armies, by his own abfolute Will, a-
' gainft or without his Council of War, againft
c many Commands from the Committee of both
« Kingdoms, and with Contempt and vilifying of
' thofe Commands i and, fmce the Conjunction
* of
(«) The Earl of MambtfleSi Vindication of himlelf againft this
Charge, as prcfented to the Houfe of Lords by way of Narrative, ifl
1644, is printed in Rufrtvtnb, Vol. V. p. 735. ^
of E N G L A N D. 25
* of the Armies, fometimes againft Councils of An- £ £».
War, and fometimes perfuading and deluding t. _ ^'
' the Council to neglect one Opportunity with July.
* Pretence of another, and that again of a third ;
' and at laft, when none other Pretence would
' ferve, by perfuading them that it was not fit to
« fight at all (J).
* That after this Lieutenant-General Cromwell
* exprefs'd a larger Account, yet nothing but
* Truth, and what was fufficiently proved at a fe-
' lecl: Committee of the Houfe of Commons,
* whereof Mr. Lijle had the Chair; which Charge,
* with Proofs thereupon, was reported to the Houfe
* and there debated ; and a home Vote there-
* upon pafled above a Year ago, before the
' Houfe was recruited with new Members ; where-
* upon a potent Northern Knight (c), one of Man-
* chefters fpecial Friends, made a very earneft
' Motion, That Lieutenant-General Cromwell
' might, with his Horfe, be fent immediately to
* relieve Taunton, as you may read in the 3<;th
' Page of England's Birth-Right-, by Means of
' which the Charge hath lain dormant ever fince,
' although it may be fpoken, upon very good
* Grounds, that it is a Charge of as high a Na~
* ture as ever was given into that Houfe ; and
* therefore it is hoped, that either the Lieutenant-
' General, or fome of the new Members, will
' difcharge a good Confcience by prefling the re-
-' viving of it, that fo Treachery may receive its
' due Defert, and the Kingdom have Juftice upon
* its Enemies.*
The Lords having debated fome Time on this
Affair, ordered,
l. ' That all the before-mentioned Papers fhould
be burnt by the Hangman the next Day at the
New Palace in Wtjlminftery and at the Old Ex-
change in London ; and that the Sheriffs of London
and Middlesex do protect the Hangman in the
Exe-
(i>) See HtUa't Mhncirt, p 18, an<J *8. fc] Sir PMif Stafjlrn.
26 The Parliamentary HISTORY
. 2a Car. I. < Execution of this Order to prevent any Affrojits
I6v46- , « being offered him.
ju!y. 2. ' That Col. Lilburne \>z, brought to the Houfe
the next Morning in fafe Cuftody by the Sheriffs.
3. c That the Gentleman-Ufiier do fearch in
Wejlmirjler for all printed Copies of the Papers
read this Day, intituled, The Sum of the Charge given
in by Lieutenant-Colonel Cromwell againjl the Earl
of Manchefter, and bring them and the Letters
before this Houfe prefently.
We have. been the more particular in the" forego-
ing Extracts,, and fhall be fo in the enfuing Trial of
this refolute Man, becaufe there is fo little Notice
taken of this remarkable Affair in Rujhworth, that
the Name of Lilburne is not fo much as mention-
ed in his fixth Volume; and thefe Proceedings a-
gainir. him are almoft wholly paffed over by 'the o-
ther Contemporaries. Befides, Us being purely
a Parliamentary Bufinefs, wherein the Honour of the
fupreme Court of Judicature in the Kingdom was
principally attack'd and affronted, the Subject can-
not be omitted in thefe Inquiries. The" Caution
of the Lords to the Sheriffs, to take Care that the
Hangman ftiould not be molefted in doing his Office,
was very neceflary; for this political Enthufiaft,
young as he was, had gain*d a high Eftcem with the
ropulace, who were enraged at what they call'd his
hardUfage; and many Papers, and fome Pamphlets,
were printed and difperfed about the City to incite
an Infurre&ion in his Favour. One of thefe is in
our Collection, intituled, A Reman/trance of many
tkoujand Citizens, and other freeborn People of Eng-
land, to their own Houfc of Commons, occafioncd
through the illegal and barbarous Imprifonement of
that famous and -worthy Sufferer for his Country's
Freedom^ Lieutenant-Colonel 'John Lilburne : Jf^herc-
in their juji Demands^ in behalf of tbiinfclvcs and
the whole Kingdom^ concerning their public Safety,
Peace, and Freedom, is exprefs'J ; 'cdl'ng thofe their
CommiJJiiners in Parliament to an Account, bow they
(fmce the Beginning of their Sejjion to this prefent)
I have
of ENGLAND.
lave difcharged their -Duties to the Univerfality of An' *^ g*r>
the People, their Sovereign Lord, from wnom their t_ *_^ ' _j
Power and Strength is shrived, and by whom, ad July,
bene placitum, ;V /j continued.
In the Frontifpiecc is a Print of our Hero, look-
ing through the Bars of a Prifon : Over his Head
is infcribcd, The Liberty of the Freelor.n Englifti-
man, conferred upon him by the Hotife of Lords,
June n, 1646, with his Coat of Arms annexed j
And underneath, thefe Lines ;
Gaze not upon this Shadow that is vain,
But rather raife thy Thoughts a higher Strain :
To God, I mean, who fet this young Man free (k),
Ar.d, in like Straits can eke deliver thee.
Tea^ though the Lords have him in Bonds again,
The Lord of Lords will his jufl Caufe maintain.
July ii. Col. Lilburne was brought again to the
Bar of the Houfe of Lords to hear his Charge read,
and make Anfwer to it. The whole Proceedings
on which we give from their Journals, as follows:
Being commanded by the Houfe to kneel as a
Delinquent, herefufed fo to do, faying, He would,
nrt. Then the Lords commanding his Charge to
be read to rrm, he 'faid, He would not hear, he ha-
ving appealed to the. Houfe of Commons from their
Houfe, to which JJg would jtand as long as he had
Life : And, upon' reatHng of ?he Charge, he flop-
ped his Ears with his Fingers, and would not hear
it rend; whereupon it WL'.S moved by Mr. Serjeant
Finch, one of the King's Counfel, That this be-
ing as great an Affront as could be offered to fo
great a Court as this is, he might be made to hear
his Charge read ; and. the Court upon this com-
manded him to withdraw.
Then, after Debate, it was ordered he fhould
be called in and admonifhccl ; and told that, by flop-
ping his Ears and ill Language and Deportment,
hehath deprived himfelf of what Favour he might
have had in tnis Houfe ; wherefore the Lords com-
manded
(*} CoJ. Lilbirne was firft imprifoned by a Sentence of the Court of
Star-Cbatnbtr, in the Yrar 1637, being then only 19 Years of Age J
but wts difcharged by Parliament in 1640.
23 ¥he Parliamentary HISTORY
An. 22 Car. I. manded him to hear his Charge read without ftop-
t * ^ , ping his Ears : He anfwered, He had appealed
July. from tbi* KM ft (their Lord/blps not being bis com-
petent Judges) to the Houfe of Commons, which he
will Jland to as long as he hath any Blood in his B.dy.
Upon this ctie Houfe corrmianded the Charge to
be read to him; but he faid he would not hear it
read, and fall ftopped his Ears whilft it was read.
When it was read, the Speaker alked him what he
faid to his Charge ? He anfwered, Hg heard nothing
of it ; he had nothing to do with it j but would Jland
to his Protejlation \ and having appealed from their
Lord/hips, and prate/red again/I them as unrighteous.
Judges^ to thofe 'Judges who are to judge both him
and their Lordjhips^ the Houfe of Gammons af-
fembled in Parliament ^ he did render up his Body t9
their Lordjhips Fury.
Hereupon he was again commanded to withdraw ;
and the Lords, upon Confideration of the whole
Matter of the Charge, taking his Refufal to an-
fwer pro ConfeJJc ; and alfo confide ring the high
Contempt of the Honour and Dignity of the Houfe,
fliewed by his Words and Speeches this Day at
their Bar, which were contained in his Charge, did
adjudge,
I. That the Lieutenant-Colonel John Lilburne,y«r
h" h'lSh Contempt to the Honour of this Houf^
him. be fined 4<DOO/. to the King.
1. That he Jhall be imprifoned in the Tower of
London during the Space of Seven Years.
3. That he Jhall be incapable to bear any Office ^ or
Place Military or Civil, in Church or Common-
wealth^ during his Life.
It was alfo ordered, * That the Pamphlet, in*
tituled, The jujl Man's Juftification ; or, a Letter
lyway of Plea in Bar; and the Pamphlet, intituled^
The Freeman's Freedom vindicated, mentioned in
the Charge againft Lieutenant-Colonel John Lil-
burne^ fhall be burnt by the Hands of the com-
mon Hangman, in the Prefence of the Sheriffs or
their Officers, on Monday Morning next at ten of
the Clock, at the Old Exchange in London, and
at the New Palace Yard in Wejlminjlcr: Next
of E N G L A N D.
Next was read, and enter'd in the Lord; Jour-
rials, a Copy of the Propofitions for Peace, which
were now ordered to be fent away to the King
with all convenient Speed, and to be printed and
publifhed.
Tbt PROPOSITIONS of the LORDS and COMMONS
aj/embled in Parliament, for a faff and wtll-
g rounded Peace (/).
May it pleafe your Majefty,
WE the Lords and Commons, aflembled in The Propofitiom
the Parliament of England, in the Name of Peace from th«
and on the Behalf of the Kingdoms of Englan
and Ireland, and the Commiflioners of the Par-
liament of Scotland, in the Name, and on the caftU.
Behalf of the Kingdom of Scotland, do humbly
prefent unto your Majefty the humble Defires
and Propofitions for a fafe and well-grounded
Peace, agreed upon by the Parliaments of both
Kingdoms refpe&ively, unto which we do pray
your Majefty's Aflent; and that they, and allfuch
Bills as (hall be tendered to your Majefty in pur-
fuance of them, or any of them, may be efta-
blifhed and enaded for Statutes and Acls of Par-
liament, by your Majefty's Royal Aflent in the
Parliaments of both Kingdoms refpeclively.
4 Whereas both Houfes of the Parliament of
England have been neceffitated to undertake a
War in their juft and lawful Defence ; and after-
wards both Kingdoms of England and Scotland,
joined in folemn League and Covenant, were en-
gaged to profecute the fame :
I. « That by Aft of Parliament in each King-
dom refpeclively, all Oaths, Declarations, and
Proclamations heretofore had, or hereafter to be
had, againft both or either of the Houfes of Par-
liament of England, the Parliament of the King-
dom of Scotland, and the late Convention of E-
ftates in Scotland, or Committees flowing from
< the
(/) From the Original Edition, printed for Join K'riglt, at the
King's tit ad in the0/</ Bailey, July 17, 1646.
. $he Parliamentary H i s T OR Y
An. -* Car. I. < the Parliament or Convention in Scotland, or thejr
' Ordinances and Proceedings ; or againft any f.qr
' adhering unto them; or for doing or executing
* any Office, Place, or Charge, by any Authority
4 derived from themj and all Judgments, Indi&-
* ments, Outlawries, Attainders, .and Inquifitions,
* in any the faid Caufes ; and al! Grants thereupon
* made or had, or to be made of had, be declared
* null, fupprefTed, and forbidden : And that this
* be publickly intimated in all Parifh Churches
* within his Majefty's Dominions, and all other
c Places needful.
II. ' That his Majefly, according .to the laud-
' able Example of his Royal Father, of happy Me-
4 mory, may be pleafed to fwear and fign the late
* folemn League and Covenant ; and that an Act of
4 Parliament be pafied in both Kingdoms refpec-r
* tively, for enjoining the taking thereof by all the
' Subjects of the three Kingdoms; and the Ordl-
' nances concerning the Manner of taking the fame
* in both Kingdoms, be confirmed by Acts of Par-
* liament refpedtively, with fuch Penalties, as, by
* mutual Ad vice of both Kingdoms, {hall be agreed
* upon.
II. ' That a Bill be pafled for the utter abo-
* lifliingand taking away of all Archbifhops, Bi-
' (hops, their Chancellors and Commiffaries, Deans
' and Sub-Deans, Deans and Chapters, Arch-
4 Deacons, Canons, and Prebendaries; and ali
* Chanters, Chancellors, Treafurers, Sub-Trea-
' furersj Succentors, and Sacrifts ; and all Vicars
* Choral and Chorifters, old Vicars and new
1 Vicars, of any Cathedral or Collegiate Church,
' and all other their Under Officers, out of the
4 Church of England, and Dominion of Wales ;
' and out of the Church of Ireland, with fuch Al-
' terations concerning the Eftates of Prelates, as
4 fliall agree with the Articles of the late Treaty
* of the Date at Edinburgh, November 29, 1643,"
' and joint Declaration of both Kingdoms.
of E N G L A N D. 31
IV. ' That the Ordinances concerning the call- An. it Car. 1,
ing and fitting of the AfTembly of Divines^ be
confirmed by Act of Parliament.
V.' That Reformation of Religion, according
to the Covenant^ be fettled by A£t of Parliament*
in fuch Manner as both Houfes have agreed, or
fhall agree upon, after Confultation had with
the Aflembly of Divines.
VI. * For as much as both Kingdoms are mu-
tually obliged by the fame Covenant, to endea-
vour the neareft Conjunction and Uniformity in
Matters of Religion, That fuch Unity and Uni-
formity in Religion according to the Covenant, as,
after Confultation had with the Divines of both
Kingdoms now aflembled, is or (hall be jointly
agreed upon by both Houfes of Parliament of
England, and by the Church and Kingdom of
Scotland, be confirmed by Acts of Parliament of
both Kingdoms refpe&ively.
VII. c That for the more effectual difabling Je-
fuits, Priefts, Papifts, and Popifli Recufants from
difturbing the State, and eluding theLaws; and for
the better difcovering, and fpeedy Conviction of
Recufants, an Oath be eftablifhed by Act of Par-
liament, to be adminiftered to them ; wherein they
{hall abjure and renounce- the Pope's Supremacy,
the Doctrine of Tranfubftantiation, Purgatory,
Worshiping the Confecrated Hoft, Crucifixes
and Images, and all other PopifhSuperfritions and
Errors ; and refufing the faid Oath, being ten-
dered in fuch Manner as fhall be appointed by
the faid A6t, to be a fufficient Conviction of Re-
cufancy.
VIH. * That an Act of Parliament be parted
for Education of the Children of Papifts by Pro-
teftants, in the Proteftant Religion.
IX. ' That an Act L? puffed for the true Levy
of the Penalties againft them; which Penalties
to be levied and difpofed in fuch Manner as both
Houfes (hall agree on ; wherein 'to be provided
that his Majefty (hall have no Lofs.
X. « That
32 ffie Parliamentary HISTORY
« Car. I. X. « That an Act be paffed in Parliament*
J6*6' t ' whereby the Praftices of Papifts againft the State
July. ' may be prevented, and the Laws againft them
' duly executed, and a ftridter Courfe taken to pre-
* vent the faying or hearing of Mafs in the Court,
* or any other Part of this Kingdom.
XI. ' The like for the Kingdom of Scotland,
' concerning the four laft preceding Propofttionsr
4 in fuch Manner as the Eftates of the Parliament
« there fliall think fit.
r XII. « That the King do give his Royal Aflent
* to an Act for the due Obfervation of the Lord's
c Day.
' To the Bill for the Suppreffion of Innovation*
* in Churches and Chappels, in and about th&
« Worfhip of God, faff.
* For the better Advancement of- the Preaching.
« of God's Holy Word in all Parts of this King-
* dom.
* To the Bill againft the enjoying of Pluralities
< of Benefices by Spiritual Perfons, and Non-Reft-
* dency.
' To an Act to be framed and agreed upon by
* both Houfes of Parliament for the reforming and
' regulating of both Univerfities, of the Colleges
« of lyejlminjler, Winckefter, and Eaton. And
' To fuch A61 or Adis for raifing of Monies,
« for the Payment and fatisfyingof the puWickDebt»
* and Damages of the Kingdom and other publiclc
' Ufes, as fhall hereafter be agreed on by both
« Houfes of Parliament ; and that if the King do
* not give his Aflent thereunto, then it being done
* by both Houfes of Parliament, the fame (ball be
' as valid, to all Intents and Purpofes, as if the
* Royal Aflent had been given thereunto.
' The like for the Kingdom of Scotland.
' And that his Majefty give Aflurance of his
* Confenting, in the Parliament of Scotland^ to an
' Act, acknowledging and ratifying the Acts of the
' Convention of Eftates of Scotland, called by the
* Couniel and Confervers of the Peace, and the
* Conv
of ENGLAND.
* Commiffioners for the Common Burthens, and A"
* aflembled the twenty-fecond Day of June, 1643,
* and feveral Times continued fince, arid of the
* Parliament of that Kingdom fince convened.
XIII. ' That the Lords and Commons in the
" Parliament of England aflembled, fhall, durij-jg the
* Space of twenty Years, from the firft of July,
* 1646, arrcij train, and difcipline^ ofcaufe tbbe
* armed, trained, and difciplincd, all the Forces of
* the Kingdoms of England and Ireland, and Do-
* minion of Wales, the Ifles of Guernfey and Jerfyi
c and the Town of Berwid upon Tweed, already
' raifed, both for Sea and Land Service; and mall,
* from Time to Time, during the faid Space of
* twenty Years, raife, levy, arm, train, and dif-
' cipline, or caufe to be raifed, levied, armed,
* trained, and difcip'lined, any other Forces, for Land
* and Sea Service, in the Kingdoms, Dominions,
* and Places aforefaid, as in their Judgments they
* fhall, from Time to Time, during the faid Space
* of twenty Years, think fit and appoint; and
« that neither the King, his Heirs or Succeflcrs,
* nor any other but fuch as fhall aft by the Authority
* or Approbation of the faid Lords and Commons*
' fhall, during the faid Space of twenty Years4
* exercife any of the Powers aforefaid.
« And the like for the Kingdom ofScstlakd, if the
« Eftatesof the Parliament there fhali tiiink fit.
' That Monies be raifed and levied for the
c Maintenance and Ufe of the laid Forces for Lahcf
« Service, ^and of the Navy and Forces for Sea
* Service, in fuch Sort, and by fuch Ways and
* Means, as the faid Lords and Commons fhdl,
* from Time to Time, during the faid Space of"
' twenty Years, think fit and appoint, and not
« otherwife : That all the faid Forces, both for
E Land and Sea Service, fb raifed or levied, or to
1 be raifed or levied, and aho the Admiralty and"
' Navy, fhall, from Time to Time, duririg the
« faid Space of twenty Years, be employed,°ma-
* naged, ordered, and difpofed" • by the faid Lords
* and Commons in fuch Sort, and by fach Wav$
VOL. XV. C
34
An. 22 Car. I.
1646.
The Parliamentary His TOR V
and Means, as they fhall think fit and appoint*
* and not otherwise: And the faid Lords and Com-
' mons, during the laid Space of twenty Years ,-
' fhall have Power,
*.• 4 To fupprefs all Forces raifed, or to be raifed y
' without Authority and Confent of the faid Lords
c and Commons, to the Difturbance of the public
* Peace of the Kingdoms of England and Ireland^
e and Dominion of Wales, the Ifles of Guernfcy
4 and, Ji'ff,y, and the Town of Berwick upon:
* Tweed, or any of them,
2. ' To fupprefs any foreign Forces who fhalr
f invade, or endeavour to invade, the Kingdoms
6 of £ 'ngland and Ireland, Dominion of Wales, the
* Ifles of Guernfiy ami Jerfey^ and the Town of
' Ber-icL'k upon Tweed, or any of them.
3. l To conjoin fuch Forces of the Kingdom
* of England with the Forces of the Kingdom of
* Scotland, as the faid Lords and Commons fhall,
1 from Time to Time, during the laid Space of
1 f'.venty Years, judge fit. and necefl'ary : To re-
fill all foreign Imafious, and to fupprefs any
Forces railed, or to be railed, againftj or within,
either of the faid Kingdoms, to the tDifturbance
of the public Peace of the laid Kingdoms, or a-
ny of them, by any Authority under the Great
Seal, or otiier Warrant whatfoever, without
Confent of the faid Lords and Commons of the
Parliament of England, and the Parliament, or
the Efhtes of the Parliament, of Smtland reipeo
tively : And that 'no Forces of either Kingdom
fhall go into, or continue in, the other King-*-
dom, without the Advice and Defire of the faid
Lords and Commons of the Parliament of Eng-
land, and the Parliament of the Kingdom of
Scotland, or fuch as fhall be by them appointed
for that Purpofe: And that, after the Expiration
of the faid twenty Years, neither the King, his
Heirs or Succeffors, or any Perfon or Perfon>,
by Colour or Pretence of any Commilfion, Power,
Deputation, or Authority to be derived from the
King, his Heir,s or Succeflbrs, or any of them,
< fhall
^/ENGLAND. 3
* (hall raife, arrrij train, difcipline, employ, order, An. 22
* manage, difbaiid, or ciilpoie any of the Forces, l646<-
1 by Sea or Land, of the Kingdoms of England T^"
' and Ireland^ the Dominion of Wales^ the [iles '
' of Guernfey and Jerfey, and the Town of B/r-
* wick upon Tweed, nor exercife any of the laid
* Powers or Authorities, in the precedent Arti-
* cles, mentioned and exprefTed to be, during the
' faid Space of twenty Years, in the laid f
* and Commons ; nor do any Act or Thing con-
' cerning the Execution of the faid Powers or
' Authorities, or any of them, \vithout the Con-
' fent of the faid Lords and Commons firft had
* and obtained : That after the Expiration of thr
* faid twenty Years, in all Cafes wherein the Lordsi
" and Commons {hall declare the Safety of the
* Kingdom to be concerned, and (hall thereupon
4 pafs any Bill or Bills for the raifing, arming,
training, difciplining, employing} managing, or-
c dering, or difpofmg of the Forces by Sea or Land,
* of the Kingdoms of England and Ireland^ the
c Dominion of Ifaru's, Ifles of Gusrnl'cv and ^Jcrfcy*
c and the Town of Berwick upon T-ivecd^ or of ar.v
* Part of the faid Forces ; or concerning the Admi-
c ralty and Navy; or concerning the levying of
* Monies for the Raifing, Maintenance, or Ufe
* of the faid Forces for Land Service j or of the
c Navy, and Forces for Sea Service ; or of any Part
* of them; and if that the Royal AfTent to fuch
* Bill or Bills, mall not be given in the Houfe of'
' Peers, within fuch Time after the paffing thereof
* by both Houfcs of Parliament, as the laid Houfes'
* mall judge fit and convenient, that then fuch
' Bill or Bills, fo patted by the faid Lords and'
c Commons as aforefaid, and to which the Royal
* Aflent (hall not be given as is heroin before ex-
* prefled, mail, ncverthelefs, after Declaration of
* the faid Lords and Commons mad:; in that Be-
'half, have the Force and Strength of an Act or
'' A&s of Parliament; and ihall be as vr.Iii, to all
* Intents and Purpofes, as if the Roy;:! Aiicnt had
* been given thereunto.
C 2 Pro-
•: 6 rfbe ParJLvncntary HISTORY
An. IT. Car. I. « Provided, thr.t nothing herein before contained
v 1T_°'>'^._y * fhall extend to the taking away of the ordinary
4 legal Powerof Sheriffs, Juftices of Peace, Mayors,
* Bail i Ms, Coroners, Confrables, Headboroua;hs,
* or other Officers, ofjuftice, not being Military
4 Officers, concerning the Adminiftration of Jufticej
* fo as neither the laid Sheriffs, Juilices of the Peace,
* Mayors, B:ulitvV, Coroners, Conftables, Hcadbo-
:^hs, and other Officers, nor any of them, d-j
* levy, conduct, employ, or command any Fciccs
* wh.ufoevcr, by Colour or Pretence of any Com-
* million of Array, or extraordinary Command from
1 his Majcity, his Fleirs or Succeffors, without the
' Confxmt of the laid Lords and Commons.
And if any Perfons Qvdll be gathered and af-
* iembled together in warlike Manner, or other-
* wife, to the Number of thirty Perfons, and fhall
' not forthwith oifband thenifelves, being required
* thereto by the faid Lords and Commons, or
4 Command from them, or any by them efpecially
* .authorized for that Purpofe, then fuch Perfon
* and Perfons not fo difbanding themfelves, {hall
* be guilty and incur the Pains of High Treafon,
* being firft declared guilty of fuch Offence by the
* faid Lords and Commons ; any Commiflion uu-
* der the Great Seal, or other Warrant, to the con-
' trary notwithstanding.
' And he or they that {hill offend herein, to' be
* incapable of any Pardon from his Majefty,- his
' Heirs or Succeflbrs ; and their Eftates {hall be
' difpofed as. the faid Lords and Commons {hall
* taink fit, and not otherwife.
' Provided, that the City of Londin fhall have
' and enjoy all their Rights, Liberties and Franchi-
* fes, Cultoms and Ufages, in the railing and em-
* ploying the Forces of that City for the Defence
*• thereof, in as full and ample Manner, to all In-
* tents and Purpofes, as they have, or might have,
' tifed or enjoyed the fame at any Time before the
' making the faid A& or Proportion ; tQ the end
4 that Cits' may ;be fully alTured it is not the In-
' temion o^' the Parliament to take from them any
r/ ENGLAND. 37
Privileges or Immunities in niifing or difpofing An. 2* Car. r.
of their Forces, which they have, or might have, t ' ^b> ,
* ufed 6r enjoyed heretofore. juj/
c The like 'for the Kingdom of Scotland, if the
c Eflates of the Parliament there (ball think fit.
« XIV. « That, by Ad of Parliament, all Peers
' made fmce the Day that Edward Lord Littleton,
* then Lord-Keeper of the Great Seal, deferted the
* Parliament and that the faid Great Seal was fur-
* rcptitioufly conveyed away from the Parliament,
c (being the twenty-firft Day of May, 1642,) and
* who fhall hereafter be made, (hall not fit or vote
* in the Parliament of England, without Confcnt
* of both Houfes of Parliament : And that all Ho-
* nour and Title conferred on any, without Confent
* of both Houfes of Parliament, fmce the twentieth
' of May, 1642, (being the Day that both Houfes
* declared, That the King, feduced by evil Coun-
* fel, intended to raife War againft the Parliament)
' be declared null and void.
c The like for the Kingdom of Scotland; thofe
* being excepted whofe Patents were pafled the
* Great Seal before the 4th of June, 1644.
XV. * That an Act be pafled in the Parliaments
* of both Kingdoms refpeclively, for Conformation
' of the Treaties pafled betwixt the two Kingdoms,
* viz. the Large Treaty, the late Treaty for the
* coming of the Scots Army into England^ and thc^
* fettling of the Garrifon of Berwick, of the 2gth
* of November •, 1643, and the Treaty concerning
* Ireland^ of the 6th of Augujl^ 1642, for the
* bringing of ten thoufand Scots into the Province
* bflffltr, in Ireland^ with all other Ordinance ;
* and Proceedings parted betwixt the two King-
' doms, and whereuntxr they are obliged by the 4-
' forefaid Treaties.
* That Algernon Earl of Northumberland, y •//>.;
c Earl of Rutland, Philip Earl of Pembroke an.l
* Montgimery^ Robert Earl of EJfix, Tbeopbilt^
« Earl of Lincoln, James Earl of Suffolk, Ribtrt
* Earl of Warwick, Edward Earl of Afancbe/ht\
' Herry Earl of Stamford, Francis Lord D
C 3 * Philip
38 ^Ihe Parliamentary H I
Ar. 22 Or. I. « P^/7/p Lord IVkarton, Franch Lord Willoughltf*
• ^Jf4^ < ZW/9- Lord North, John Lord Hunfdon, Wil-
July. * ^w Lord Gm, Edward Lord Howard of £-
* fcrick, Thomas Lord Bruce. Fcrainando- Lord
' Fairfax, Mr. Nftthanael Fienncs, Sir William Ar-
' flzyw?, Sir Phil;/) Stapylton, Sir Henry Vane, fen.
* Mr, William Picrepolnt, Sir Edward Ayfcough,
' Sir William Strickland, Sir Arthur Hejllrig, Sir
* y^/i Fniivicl:, Sir J^'illiam Brcrcicn, Sir Thomas
4 'Widdringtr.i, Mr, J^; fa//, Mr. G;7^r/ M/-
« lington, Sir Jfr:liiam Con ft able, Sir yo/'/z Wray^
« Sir lier,rj Vav.c^ jun. Mr. Htnry Darley, Oliver
<• Si. John, Efq. his Majefty's Solicitor-General,
« Mr. Denzlll Holies, Mr. Alexander R'igby, Mr.
< Cornelius Holland, Mr. Samuel VaJJall^ Mr. P^-
< regrine Pdljc<m, John Glynne, Efq. Recorder of
< London, Mr. Henry Marten, Mr. Alderman
* /ty&, Mr. ^/;» Blakijlon, Mr. Serjeant #7//&,
* Mr. Richard Barwis, Sir Anthony Irby, Mr.
«• JJhutjty Mr. Bettingham^ and Mr. ?>J5«, Mem-
«• bers of both Houfcs of the Parliament of England,
* fhall be the Commiflioners for the Kingdom of
« England, for Confervation of the Peace between
v the two Kingdoms, to act according to the Pow-
t ers in that Behalf exprefs'd in the Articles of the
Large Treaty, and not otherwife.
' That hid Majefty give his Aflent to what the
' two Kingdoms (hall agree upon in Profecution
s of the Articles of the Large Treaty, which are not
* yetfinifhed.
'XVI. c That an Aft be pafied in the Parlia-
c ments of both Kingdoms refpedlively, for efta-
* blifhing the Joint Declaration of both Kingdoms,
* bearing Date the 30th Day of January, 1643,
1 in England, and 1644, in Scotland, with the
4 Qualifications enfuing.
Fir/} QUALIFICATION.
' That the Perfons who fhall expe£l no Pardon
* be only thefe following,
« Rupert and Maurice, Count Palatines of the
« Rhine i James Earl of Derby, John Earl of
* Bri/Ioly
rf ENGLAND.
« Brljlol, William Earl of tfezvcajile, Francis LordAn.
<• Cittington, George Lord Di«l;y, Matthew Wren
* Bifhop of Ely, Sir Robert Heath, Knt. Dr.
« Eramball Bimop of Z>^rry, Sir William Wid-
< drnigton, Colonel George Goring, Henry Jermyn,
.' Efq. Sir Ralph Hopton, Sir John Byron, Sir Fran-
f cis Doddington, Sir John Strangeways, Mr. £*-
« dymion Porter, Sir G^rgr Raddiffe, Sir Marma-
-< */«& Langdale, Henry Vaugban, Efq. (now called
•* Sir /fr«ry Vaughan) Sir Fran fit tfindevanke, '
'Sir Richard Greenville, Mr. Edward Hyde (now
.« called Sir £^»wr// //;-^) Sir J^« <fl/*/-ty, Sir
« Nicholas Cole, Sir 7^»w« Riddell, jun. Sir %/fo
< Colepeper-, Mr. Richard Lloyd, (now called Sir
« Richard Lloyd) Mr. ArviW Jenkins, Sir Oar^
« 5/ro^, Gwr^ Cartcrct, Efq. (now called Sir
« Gwr^ Carteret) Sir C/wrfo DaUifon, Knt. .R/V/j-
< tfr^ ^fl«^, Efq. (now called Sir Richard Lane)
4 Sir Edward Nicholas, Jshn AJhlurnham, Efq.
< Sir Edward Herbert, Knt. his Majefty's Attor-
« ny-General ; Earl of Traquair, Lord Harris,
* Lord ,£0<?, Ge-^r^ Gordon, fometime Marquis
' of Huntley, James Graham, fometime Earl of
« Montrofc, Robert Maxwell, late Earl of Nithef-
* dale, Robert Dalzell, fometime Earl of Carnwatb*
* James Gordon, fometime Vifcount Aboyne^ Lodo-
-« wick Lindfey, fometime Earl of Crawford, Jamet
'* Ogihey, fometime Earl of Airley, James Ogil-
« vey, fometime Lord Og'dvey, Patrick Ruthent
c fometime Earl of Forth^ James King, fometime
* Lord Itham, dlefter Macdonald, Irwin Younger
' of Drum, Gordon Younger of Gight, LeJJey of
* Aucbentoul, Colonel John Ccchran, Graham of
.' Gorthie, Mr. John Maxwell, fometime pretend-
« ed Bilhop of Rofi. And all fuch others as, bo
' ing procefTed by the Eftates for Treafon, (hail
' be condemned before the Act of Oblivion be
* patted.
Second QUALIFICATION.
* All Papifts and Popifh Reculants who have
f been, now are, Or fliall be acluall y in Arm ;
* .or voluntarily Iffiftingagaujft the ParMaments .or
C 4 « Li-
The Parliamentary HISTORY
Eftates of either Kingdom ; and, by Name, the
Marquis of W'mton, the Earl of Worcefter Ed-
ward Lord Herbert of Ragland, Son to the Earl
of Wo.rceftcr, Lord Brudenell, Caryll Molineux,
Efq, Lord Arundell of Wardour, Sir Francis
Howard, Sir John Wintaur, Sir Charles Smith,
Sir John Preflon, Sir Bazil Brooh, James Lord
Audley Earl of Caftlehaven in the Kingdom of
* Ireland, Iff Hi am Sheldon of .B<?^, Efq. and Sir
* Henry Beddingfidd.
Third QUALIFICATION.
* All Perfons who have had any Hand in the
f plotting, defigning, or affifting the Rebellion of
f Jrfland, except fuch Perfons who, having only
f aflifted the faid Rebellion, have rendered them-
f felyeSj, or came in to the Parliament of England,
Fourth QUALIFICATION.
« That Humfrey Bennet, Efq. Sir Edward Ford^
f Sir John Penruddock, Sir George Vaughan, Sir
« John Weld, Sir Robert Lee, Sir John Pate, John
* Ackland, Edmond tt;i,ndlam, Efq. Sir John Fitz-
« Herbert, Sir Edward Lawrence, Sir Ralph Dut-
* ton, 'Henry Lingen, Eiq. Sir William 'RuJJel of
' Worcejlerfhirc* Thomas Let of Adlington, Efq.
' Sir ^^^ Girlingtcn, Sir P^?^/ Neile, Sir William
« Thorold, Sir Edward HuJJey, Sir Thomas Lid-
* dW/, fen. Sir Philip Muf grave, Sir y^» Di$f
' of Nott'mghamftnre, Sir Henry Fletcher, Sir
« Richard Mynjhull, Lawrence Haljlead, £fq. y/7^«
* Denham, Efq, Sir Edmond Fortefftie, Peter St.
' /////, Efq, Sjr Thomas Tildfjley, Sir Henry Grif~
' ^/£, Michael Wtirton, Efq. Sir Henry Spiller, Mr.
* George Benyon, (n<>w called Sir George Benyon)
1 Sir Edward Waldegrave, Sir Edward Bi/kop, Sir
* Robert (Jwfeley, Sir yo^« Maney, Lord Cholmon-
' <5^/y, Sir Thomas A ft on, Sir Lewis Dives, Sir P£-
* /6T OJbourne., Samuel Thornton, Efq. Sir y^«
* Lucas, John Blaney, Efq. $ir Thomas Chedle,
* Sir Nicholas Kemys, Hugh Lay Id, Efq. §U" A'i-
Cr/^>, and Sir Peter Rycaut,
And
of E N G L A N D. 41
' And all fuch of the Scots Nation as have con- An. ^^ car. I.
curred in the Votes at Oxford, againft the King- t_*6*6' ,
dom of Scotland and their Proceedings; or have -t^.
fworn or fubfcribed the Declaration againft the
Convention and Covenant ; and all fuch as have
aflifted the Rebellion in the North, or the Inva-
fton in the South of the faid Kingdom of Scotland
or the late Invafion made there by the Irijh and
their Adherents, be removed fro<n his Majefty's
Councils, and" be retrained from coming within,
the Verge of the Court ; and that they may not,
without the Advice and Confent of both fioufes
of the Parliament of England, or the Eftates in
the Parliament of Scotland refpeclively, bear any
Office, or have any Employment concerning the
State or Common- Wealth : And in cafe any of
them mall offend therein, to be guilty of High
Treafon, and incapable of any Pardon from his
Majefty, and their Eftates to be difpofed of as
both Houfes of the Parliament of England, or the
Eftates of the Parliament in Scotland refpectively
fhall think fit : And that one full third Part, upon
full Value, of the Eftates of the Perfons aforefaid
made incapable of Employment as aforefaid, be
employed for the Payment of the Public Debts
and Damages, according to the Declaration.
Firjl Branch. c That the late Members, or any
who pretended themfelves late Members, of
either Houfe of Parliament, who have not only
deferted the Parliament, but have alfo fat in the
unlawful Aflembly at Oxford, called or pretended
by fome to be a Parliament, and voted both
Kingdoms Traitors, and have not voluntarily
rendered themfelves before the laft of Ocfober,
1644, be removed from his Majefty's Councils,
and be reftrained from coming within the Verge
of the Court; and that they may not, without
Advice and Confent of both Kingdoms, bear any
Office, or have any Employment concerning
the State or Common- Wealth : And in cafe any
of them fhall offend therein, to he guilty of High
* Treafon,
42 7/k Parliamentary HISTORY
AD. 2z Car. I. .< Treafon, and incapable of any Pardonby his Ma-
t l6*6' , 4 jefty ; and their Eftates to be difpofed as both Hou-
July. ' fes of Parliament in England^ or the Eftates of the
' Parliament of .SV0/AW refpeclively, (hall think fit.
Second Branch. ' That the late Members, or
* any who pretended themfelves Members, of
* either HouJ&t of Parliament, who have fat in the
' unlawful AfTembly at Oxford, called or pretended
. * by fome to be a Parliament, and have not volunta-
* rily rendered themfelves before the laft of October y
* 1644, be removed from his Majefty's Councils,
' and reftrained from coming within the Verge of
* the Court; and that they may not, without the
* Advice and Confent of both Houles of Parliament,
* bear any Office, or have any Employment con-
* cerning the State or Common- Wealth ; and in
* cafe any of them {hall offend therein, to be guilty
* of High Treafon, and incapable of any Pardon
* from His Majefty, and their Eftates to be difpofed
* as both Houles of the Parliament of England (hall
* think fit.
'Third Branch. c That the late Members, or any
' who pretended themfelves Members, of either
* Houfe of Parliament, who have deferted the Par-
' liament, and adhered to the Enemies thereof.
' and have not rendered themfelves before the laft
* ofOfiobsr, 1644, be removed from his Majefty 's
* Councils, and be reftrained from coming within
* the Verge of the Court ; and that they may not?
* without the Advice and Confent of both Houfes
* of Parliament, bear any Office, or have any Em-
* ployment concerning the State or Common-
* Wealth : And in cafe any of them {hall offend
* therein, to be guilty of High Treafon, and in-
* capable of any Pardon from his Majefty, and
* their Eftates to be difpofed as both Houfes of Par-
« liament in England (hall think fit.
Fifth QUALIFICATION.
c Thr.t all Judges and Officers towards the Law,
c Common or Civil. Who have deferted the Parlin-
* ment,
ef E N G L A N D. 43
ment, and adhcr'd to the Enemies thereof, be inca- An< **fi g*r*
pablc of any Place of Judicature or Office towards >_ -J '.--
the Law, Common or Civil, and that all Serjeants, July,
Counsellors, and Attornies, Doctors, Advocates,
and Procters of the Law, Common or Civil, who
have dcferted the Parliament, and adhered to the
Polemics thereof, be incapable of any Practice in
the Law, Common or Civil, either in public or
private ; and fhall not be capable of any Prefer-
ment or Employment in the Common-Wealth,
without the Advice and Confcnt of both Houfes
of Parliament: And that no Bifhop or Clergy-
man, no M after or Fellow of any College or Hall
in either oi the Univerftties, or elfewhere, or any
Mailer of School or Hofpital, or any Ecclefiafti-
cal Perfon, who hath deferted the Parliament,
and adhered to the Enemies thereof, fhall hold or
enjoy, or be capable of any Preferment or Em-
ployment in Church or Common- Wealth ; but
all their faid feveral Preferments, Places, and
Promotions, fhall be utterly void, as if they were
naturally dead; nor fhall they otherwife ufe
their Fundlion of the Miniftry, without Advice
and Confent of both Houfes of Parliament ; pro-
vided, that no Lapfe fhall incur by fuch Vacancy
until fix Months paft, after Notice thereof,
Sixth QUALIFICATION.
' That all Perfons who have been actually in
Arms againft the Parliament, or have counfellecf,
or voluntarily affifted the Enemies thereof, are
difabled to be Sheriffs, Juftices of the Peace,
Mayors, or other Head Officers of any City or
Corporation, Commiflioners of Oyer and fer-
miner, or to fit or ferve as Members, or Afliftants
in either of the Houfes of Parliament, or to have
any Military Employment in this Kingdom,
without the Confent of both Houfes of Parlia-
ment.
Seventh QUALIFICATION.
s The Perfons of all others to be free of all
pcrfonal Cenfure, notwithftanding any Acl or
4 Thing
*Tbt Parliamentary HIS
* Thing done in or concerning this War, they ta-
* king the Covenant.
QUALIFICATION.
' The Eftatcs of thofe Perfons excepted in the*
* firft three precedent Qualifications ; and the
* Eftates of Ed-ward Lord Littleton* and of Wil-
' Ham Laud* late Archbifhop of Canterbury y to pay
' public Debts and Damages.
Ninth QUALIFICATION.
Fir/I Branch. < That two full Parts in three,
' to be divided, of all the Eftates of the Members
* of either Houfe of Parliament who have not only
* deferted the Parliament, but have alfo voted both
* Kingdoms Traitors, and have not rendered
' themfelves before the firft of December* 1645,
* fhall be taken and employed for the Payment of
* the public Debts and Damages of the Kingdom.
Second Branch. * That two full Parts in three,
* to be divided, of the Eftates of fuch late Mem-
* bers of either Houfe of Parliament, as fat in the
* unlawful Aflembly at Oxford* and fhall not have
' rendered themfelves before the firft of December ,
* 1645, fhall be taken and employed forthePay-
* ment of the public Debts and Damages of the
* Kingdom.
Third Branch. f That one full Moiety of the
* Eftates of fuch Perfons, late Members of either
* of the Houfes of Parliament, who have deferted
* the Parliament, and adhered to the Enemies
* thereof, and fhall not have rendered themfelves
' before the firft of December, 1645, ^a^ ^e ta~
c ken and employed for the Payment of the public
* Debts and Damages of the Kingdom,
Tenth QUALIFICATION.
« That a full third Part of the Value of the E-
c ftates of all Judges and Officers towards the Law,
' Common or Civil ; and of all Serjeants, Coun-
' fcllors, and Attornies, Doctors, Advocates, and
* Proctors of the Law, Common or Civil j and of
< all
of E N G L A N D. 45
c all BHhops, Clergymen, Matters and Fellows of An>
* any College or Hall in either of the Univerfities,
* or elle where ; and of all Matters of Schools or July.
Hofpitals, and of Eccleiiaftical Perfons who have
' deferted the Parliament, and adhered to the Ene-
' mies thereof, and have not rendered themfelves
* before the firft of December , 1645* mail be taken
* and employed for the Payment of the public
* Debts and Damages of the Kingdom.
' That a full fixth Part of the full Value of
* the Eftates of the Perfons excepted in the fixth
* Qualification, concerning fuch as have been
* actually in Arms againft the Parliament, or have
* counfelled or voluntarily aflifted the Enemies
' thereof, and are difabled according to the fai.d
' Qualification, be taken and employed for the Pay-
* ment of the public Debts and Damages of the.
' Kingdom.
Eleventh QUALIFICATION*
« That the Perfons and Eftates of all common
* Soldiers, and others of the Kingdom of England*
* who, in Lands or Goods, be not worth 200 /.
* Sterling; and the Perfons and Eftates ofallcom-
* mon Soldiers and others of the Kingdom of Scot-
* landy who, in Lands or Goods, be not worth
* 100 1. Sterling, be at Liberty and difcharged.
Firjl Branch. ' This Proportion to ftand as to
c the Englijb j and as to the Scots likewife, if the
' Parliament of Scotland, or their Commiffioners,
* (hall fo think fit.
Second Branch. « That the firft of May laft is
* now the Day limited for the Perfons to come in,
' that are comprifed within the former Qualifica-
* tion.
4 That an A& be patted, whereby the Debts
* of the Kingdom, and the Perfons of Delinquents,
* and the the Value of their Eftates may be known ;.
* and which A& (hall appoint in what Manner the
' Confifcation and Proportions before-mentioned,
« may be levied, and applied to the Difcharge of
* the faid Engagements.
« The
tfbe Parliament dry HISTORY
. < The like for the Kingdom of Scotland, if the
' , ' Eftates of Parliament, or fuch as (hall have Power
* from them, (hall think fit.
XVII. « That an Aft of Parliament be parted;
c to declare and make void the Ceflation of Ire-
c land, and all Treaties and Conclufions of Peace,
e or any Articles thereupon, with the Rebels, with-
* out Confent of both Houfes of Parliament ; and
* to fettle the Profecution of the War of Ireland iri
* both Houfes of the Parliament of England to be
c managed' by them ; and the King to allift, and to
* do no Aft to difcouiuchahce" or hioleft them
* therein.
' That Reformation of Religion, according to
' the Covenant, be fettled in the Kingdom of Ire-
c land by Aft of Parliament in fuch Manner as
'"both Houfes of the Parliament of England have
* agreed, or (hall agree upon, after Confutation
* had with the Aflembly of Divines here.
' That the Deputy or Chief Governor, or other
* Governors of Ireland, and the Prcfidehts of the
' feveral Provinces of that Kingdom, be nominated
* by both Houfes of the Parliament of England, or,
*" in the Intervals of'Parliament, by fuch Commit-
*" tees of both Houfes of Parliament, as both Houfes
* of the Parliament of England fhall nominate" and
* appoint for that Purpofe : And that the Chancel-
* lor, or Lord-Keeper, Lord-Treafurcr, Corn mi f-
« fioiiers of the Great Seal or Treafury* Lord-
«• Warden of trfe Cihque Ports, Chahcellbr of the
* Exchequer and Duchy, Secretaries of State, Ma-'
* fter of the Rolls, Judges of both Benc'he's, and Ba-
* r'ons of the Exdittjuer of the Kingdom^ of England
' arid IrefarJ, and' the • Vice-Treafurer and Trea-^
c furers at VVars .of the Kingdom of Ireland, be'
* nominated by both Houfes of the Parliament of
* England, to continue Quarndiu fe berie g effcrmt ^
« and, in the Intervals of Parliament, by thv
4 mentioned Comrnitrees, to be approved or dif-
* alloWed by both' Houfes at their next fitting.
4 The like for the Kingdom of Scotland, con-
< cerning the Nomination' of the- Lords of the
5 « Pri-
of ENGLAND, 47
* Privy-Council, Lords of Seflion and Exchequer, An. 21 Car. f.
' Officers of State, and Juftice-General, in fuch t l646- ^
* Manner as the EftateS of the Parliament there .,'
< (hall think fit.
XVIII. < That the JW/7/V/a of the City of £w-
* <&», and Liberties thereof, may be in the Or-
' deririo; and Government of the Lord Mayor, AI-
' dermen, and Commo'ns in Common Council af-
* fembled, or fuch as they fhall, from Ti'md to
' Time, appoint, (whereof the Lord Mayor, and
' Sheriffs, for the Time being, to be three) t,o be
* employed and directed, front Time to Time,
' in fuch Manner as fhall be agreed on, and ap-
* pointed by both Houfes of Parliament.
* That no Citizen of the City of London^ nor
* any of the Forces of the faid City fhall be
' drawn forth or compelled to go out of the faict
* City, or Liberties thereof, for Military Service,
* without their own free Confent,
* That an Aft be parted for the granting nnd
' confirm ing of the Charters, Cuftoms, Liberties,
' and Franchifcs of the City of London, riotsvith-
* ftanding any Nonufer, Mifufer, or Abufer.
' That the Tower of London may be in the Go-
* vernment of the City of London', and the Chief
* Officer and Governor thereof, from Time to
* Time, be nominated and removable by the
* Common Council : And, for the Prevention- of
' Inconveniences which may happen by the long
' Intermiffion of Common Councils, it is defired
< that there may be an A&, That all Bye-Law?
* and Ordinances already made, or hereafter to "bs
? made, by the Lord Mayor, Aldermen, and Com-
•' mons, in Common Council aflembled, touch-
* ing the calling, continuing, directing, and regn-
* lating the fame Common Councils, (hall be as
' effectual in Law, to all Intents and Purpofes, .as
' if the fame were particularly enacted bytheAu-
* thority of Parliament : And that the Lord Mayor,
* Aldermen, and Commons, in Common Council,
* may add to, or repeal the fuid Ordinances, -from
* Time to Time, as they {hall fee, Caufe.
* That
48 'The Parliamentary H I s T o R y
. az c^' I. « That fuch other Proportions as (hall be -made
l6*6' , * for the City, for their further Safety, Welfare,
July. ' an<J Government, and {hall be approved of by
* both Houfes of Parliament, may be granted and
' confirmed by Acl of Parliament.
XIX. * That all Grants, CommilBons, Prcfenta-
* tions, Writs, Procefs, Proceedings, and other
* Things pa/led under the Great Seal of England^
>•* in the Cuftody of the Lords and others, Com-
* mifiioners appointed by both Houfes of Parlia-
* ment for the Cuftody thereof, be, and, byanAdl
* with the Royal Affent, fhall be, declared and en-
« afted to be of like full Force and Effba, to all
* Intents and Purpofes, as the fame or like Grants,
* Commiflions, Prefentations, Writs, Procefs, Pro-
* ceedings, and other Things under any Great
* Seal of England, in any Time heretofore were,
* or have been j and that, for the Time to come,
* the faid Great Seal, now remaining in Cuftody
* of the faid Commifli oners, continue, and be ufed
* for the Great Seal of England; and that all
c Grants, Commiflions, Prefentations, Writs, Pro-
* cefs, Proceedings, and other Things whatfoever,
* palled under, or by Authority of any other Great
* Seal, fmce the 22d Day of May, 1642, or here-
4 after to be palled, be invalid and of no Effect, to
* all Intents and Purpofes ; except fuch Writs,
* Procefs, and Commiflions, as being pafled under
' any other Great Seal than the faid Great Seal
* in the Cuftody of the Commiflioners aforefaid,
* on or after the faid 22d Day of May,, and before
c the 28th Day of November > 1643, were after-
* ward proceeded upon, returned into, or put in
* ufe in any of the King's Courts at Wtjlminjler :
* And except the Grant to Mr. Juftice Bacon^ to
' be one of the Juftices of the Kings Bench : And
* except all A£ts and Proceedings by virtue of any
* fuch Commiflions of Goal Delivery, Aflize, and
* Nifi prius, or Oytr and Ter miner ^ paiTed under
' any other Great Seal than the Seal aforefaid, in
c Cuftody of the faid Coraraiflioners before, the firft
c of Otfcber^ 1642.
•AnJ
of ENGLAND. 49
« And that all Grants ofOiHces, Lands, Tene- An. « Car. i.
mcnts, or Hereditaments, made, or pafled under t I * ' ,
the Great Seal of Ireland unto any Perfon or juiy.
Perfons, Bodies Politick or Corporate, fince the
Ceffation made in Ireland, the 1 5th Day of Sep •
tember, 1643, (hall be null and void; and that
all Honours and Titles conferred upon any Per-
fon or Perfons in the faid Kingdom of Ireland,
fince the faid Ceflfation, (hall be null and void.
Whilft the Commiffioners were on their Jour-
ney, the Houfes received the King's Anfwer to
their Letter defiring an Order from his Majefty
to the Marquis of Ormond, for furrendering up the
Caftle of Dublin, and all other Garrifons in Ire-
land, to their Ufe.
CHARLES R. Newcaftle, July 11, 1646.
T7 IS Majejly having ccnjidered the Letter of the J^™** *£_
•* •* 6th Injiant, fent to him from the Lords and lament's Defirc
Commons in Parliament ajjembled, thinks fit to return of f«rrendering
this Anfwer, That as none can be more deeply affecled 2^,^^"
than his Majefty with the paji and pre fent Calamities
of his Kingdom of Ireland, nor is fo nearly concern-
ed in the Prefervation of his Majejiys Proteftant
Subjefls, fo he will be mofl ready to apply all future
Remedies for their Deliverance : And as to the Parti-
culars of delivering, forthwith, of the City and Cajile
of Dublin, the "Town of Drogeda, and all other
Garrifons in that Kingdom, which are held by his
Majejiys Authority, into the Hands of fuch as the
Parliament Jball appoint ; kis Majejly being mojl
willing that all thofe Places may be fo difpofed as
they may be beft fecured from the Rebels, and fer-ve
n:o/t for the Safety of his good Subjefls, doth again
earneftly prefs that the Propofiiions, fo long expetled
for the Peace of that and his other Kingdoms, maybe
hajlened to him ; expetling that they will contain the
readieft Means, not only of preferring thofe Places
which are already in his Power, but likewife of re-
ducing the reft of that Kingdom, poffi/ed by the Rt-
bfls, to his Obedience. And as his Majefty knows
VOL. XV. D not
50 The Parliamentary HISTORY
An. -a Car. J. not a more fpeedy and effectual Way for attaining
m J646- ^ thofe Ends, than by removing all Differences betwixt
*/"" bis Majetty and the two Hcufes of Parliament ; ft
nothing will be more earneftly endeavoured by bis Ma-
jefiy^ than that a f olid and lajling Peace be forthwith
cftablijhed.
We now meet with a fhort Adjournment of the
two Houfes for a few Days ; neither is there any
Thing in the 'Journals worth mentioning for fome
Time longer, except an Audience granted by both
Houfes to Monf. Bellieure, a new French Ambaf-
fador ; who had alfo granted a Pafs to go to the
King at Newcajlley and to the States of Scotland at
Edinburgh.
The Commons alfo fent up another Meflage
about the Vote for declaring this Kingdom had no
further Ufe for the Scots Army ; which they held
to be a Matter, they faid, of fo much Concern-
ment to this Kingdom, as nothing could be greater,-
therefore they defired the Lords to give Expedi-
tion to it. But we find no Notice taken of this
Meflage for fome Time longer.
On the Surrender of Oxford the Broad Seal,
and feveral other Seals for different Courts and
Offices, fell into the Parliament's Hands. And
this Day, July 23, the Lords ordered that the
Broad Seal fhould be defaced and boken j as alfo the
Seal for the Court of Wards, the Exchequer Seal,
and the Seal of the King's Bench, with thofe of
the Admiralty and Prerogative Court ; but the
Privy Seal, Signet Seal, and other fmaller Seals*
were ordered to be lock'd up.
The French Ambafiador, in a Speech he made
at his Audience, had fignihed to the Parliament,
That his Mafter, the French King, had offered
to be a Mediator of Peace between the King of
England and his Parliament. And this Day the
following Anfwer being drawn up, was read, agreed
to, and ordered to be fent to the AmbafTador.
My
of E N G L A N D. 51
My Lord, July 22, 16416. An. 22 Car. I.
* VTT E do thankfully acknowledge the Expref- t l6*6' j
1 W fions we have received from the French
* King, of his Majefty's good Affections to this
' Kingdom ; and mall heartily endeavour, on our The Parliament
' Parts, the Continuance of it : But as to his Ma- refufe the French
' jefty's Defires of mediating a Peace, and inter-
' pofing betwixt our King and us, and to what
c was faid by your Excellency on that Particular,
' and of your being fent to invite us to take or pro-
* pound fome Conditions that might effe& the fame,
* we do declare that we ourfehres have been care-
* ful to improve all Occafions to compofe thefe
* unhappy Troubles, yet we have not, neither can
* we admit of any Mediation or Interpofmg b6-
* twixt the King and us, by any foreign Prince or
' State. And we deftre that his Majefty, the
* French King, will reft fatisried with this our Re-
4 folation and Anfwer.'
We (hall conclude the Affairs of this Month
with the Copy of a Letter from ffftecaflki notify-
ing to the Parliament the fafe Arrival of their
Commiflioners at that Place.
T<? the Right Hon. the Earl of MANCHESTER,
Speaker of the Houfe of Peers pro Tempore.
My Lord, Ne-wcajlle, July 23, 1646.
OU R Defires are that thefe may inform you Account of their
that, beeween Nine and Ten of the Clock
this Thurfday Morning, we came to Newca/ile ;
and were, about an Hour and an half after our
Arrival, villted by the General the Earl of Leven,
the Lord Chancellor of Scotland, and many other
Scats Lords and Gentlemen j and, after fome
private Conference between us and the Chancel-
lor, it was agreed that he fhould inform his Ma-
jefty of our being here ; and humbly defire him,
from us, to apoint a Time when he would be
pleafed to receive the Propofitions, which was
done accordingly. And about Six of the Clock
D 2 < this
$2 *fbe Parliamentary HISTORY
An. a* Car. I. < thjs Evening, the Marquis of Argyle brought us
* * « ' Word that his Majefty would, To-morrow after
Auguft. * Dinner, receive them.
' My Lord, we fhall omit no Opportunity t»
* give a fpeedy Difpatch, and remain
Tour Lordjhip's humble Servants,
PEMBROKE and
MONTGOMERY.
SUFFOLK.
Augiifl 4. Another Letter, which came from the
fame Quarter, was this Day read in the Houfe of
Lords, viz.
To the Right Hon. the SPEAKER of the Houfe of
PEERS pro Tempore.
And prefentmg
to the King their
Propofitions for
Peace,
My Lord, Newcajlle July 28, 1646.
WE did, upon our coming hither, acquaint
you with the Time which the King ap-
pointed to receive the Propofitions, being Friday
laft, after Dinner ; at which Time we humbly
presented them to his Majefty ; and, according
to our Tnftru&ions, defired his pofitive Anfwer
and Confent thereto. He faid, He thought we
could not then expect an Anfwer, but he would
confider of it. Not hearing from him fince, we
did again wait on his Majefty this Afternoon, to
put him in Mind ; who told us, That he knew
our limited Time, againft which he would pre-
pare us an Anfwer.
* However we (hall endeavour ftrictly to obferve
our Inftru£Hons, and give you Advertifement as
there fhall be Occafion ; but this is all we (hall
trouble you with at prefent, humbly taking our
Leaves, and reft
Tour Lord/hip's bumble Servants,
PEMBROKE and
MONTGOMERY.
SUFFOLK.
Aug.
of ENGLAND. 53
Aug. 6. The foregoing was followed by another An. « CM.
Letter from the fame Hands, the Contents of which t * * _'_
were as follows : Aug»ft
For the Right Hon. the Earl of MANCHESTER,
Speaker of the Houfe of Peers pro Tempore.
My Lord* Newcajlle, Aug. 2, 1646.
* \\/Eare forry we cannot acquaint you with
' W fo good Succefs of our Employmant as
< we have faithfully endeavoured, in Purfuance of
' our Inftrudlions. This Morning we took our
* Leave of the King ; and though our Importuni-
' ties have been frequent and urgent, we cannot
4 obtain his Majefty's Confent, or Anfwer, any
c ways fatisfa&ory.
' His Majefty hath given us a Paper, (other than
* which we could not procure, notwithftanding
* our much Earneftnefs) containing Offers to come
< to London, which we thought not fit to fend, be-
* caufe we know not whether the Houfe will take
' Notice of it, being no direct Anfwer to the Pro-
* portions.
* We are haftcning away, with all Speed, to give
4 you an Account of our whole Proceedings.
* Thus much we thought fit to reprefent, an4
< to take Leave, being
Tour Lord/hip's humble Servants^
PEMBROKE and
MONTGOMERY,
SUFFOLK.
Mention has been made of the Parliament's be-
ing in PofFeflion of the Great Seal, and feveral
other private and public Seals belonging to the
King, and the Orders made for the breaking of
them: Accordingly,
Aug. n, The fame was performed in a very
folemn Manner, before the two Houles, the Com-
D 3 mons
5 4 tte Parliamentary HISTORY
An. ^^ Car. I. rnons being come up to the Houfe of Lords for
L l646' j that Purpofe ; where the Great Seal, and the
Augufl. others beforementioned, were broken and defaced,
and the $ilver of them ordered to be divided be-
The King's tween the Speakers of both Houfes ; but the Signet
Gr*at Seal, Sec. Seal and the Privy Seal, with thofe for foreign
ft«kdeninafull dC~ Betters, were ordered to be put into the Cuftody
rJlilrndst. of the Commiffioners of the Broad Seal belonging
to the Parliament.
Aug. 12. The Commiflioners of both Houfes
being now returned from Newcaflle^ Sir Walter
Erie made the following Report of their Proceed-
ings to the Commons, viz.
* That the Time of their Arrival at Newcajlle
The Report of being Thurfday the twenty-third of the laft Month,
their Comm.f- about j^g of tne Clock in the Forenoon, imme-
fioners Proceed- ... , . . . , ,. ,-1
ings with the diately upon their coming thither (becaufe they
King. would lofe no Time) they defired the Lord-Chan-
cellor of Scotland and the Marquis of Argyle^ who
were joint Commiffioners with them, to move the
King, that he would be pleafed to appoint a Time
when they might attend him with the Propofitions
which they had brought from the Parliament :
And they going to the King brought them back
Word, that his Pleafure was, they fhould attend
him the next Day, at Two in the Afternoon ;
which acordingly they did.
* On Friday the Earl of Pembroke, after a fhort
Declaration of what they had in Command, defired
the Propofitions might be read ; which the King
ailenting unto, was accordingly done: That a
little while after they were begun to be read, he
demanded of them, Whether they had any Power
to treat or debate upon them, or that he might
r.fk them any Queftions for the explaining of them:
That they anfwered that they had no fuch Power :
That the King then faid, Your Bufmefs is but to
bring them ; and a good boneji Trumpeter might have
done as much^ but for the Honour of it. The Pro-
pofitions being read through and delivered unto
him, they again, as at the Erft, humbly demanded
his
of E N G L A N D. 55
his pofitive Anfwer and Confent unto them ; the An. 2z Car.
Commifiioners for Scotland feconding the fame, on t *6*6' J
the Behalf of that Kingdom. The King anfwer'd, Aucuft.
He was fure they could not expect a prefent Anfwer
from him in a Bufmefs of that Confequence.
' This being done upon the Friday , (and they
having heard nothing from him Saturday or Sunday?
the Monday following they made their Addrefs unto
him the fame Way as before; and being appointed
to attend him on Tuefday^ came unto him accord-
ingly, and put him in mind of their former Defires
of a pofitive Anfwer and Confent to the Propofi-
tions ; alledging they had but little Time to (lay
there. The King told them, He knew their Time
limited ; and againft that Time would prepare his
Anfwer : But no Anfwer being given the next
Day or the Day following, Tburfday in the After-
noon they defired thofe two Lords to move the
King again for their Difpatch : Which on Friday
Morning they did j and told them the King would
have put it off till Saturday Night, but they had
prevailed with him to grant Saturday Morning j
yet if they thought fit (for the more furety) to go,
they would go with them that Evening : Which
being refolved, they went unto him, and humbly
craved his Anfwer and Confent, as before : Then
the King told them, He would give them his An-
fwer the next Morning^ betwixt Ten and Eleven
of the Clock.
Accordingly, on Saturday Morning, they at-
tended ; and humbly craved his pofitive Anfwer
and Confent to the Propofitions, as they had for-
merly done ; the Earl of Pembroke humbly befeech-
ing him to confider with himfelf the dangerous
Confequence that would follow to himfelf, his
Kingdoms and Pofterity, if he fhould not now do
it. Then the King told them, He had drawn up
his Anfwer in Writing ; which, after he had
caufed it to be read, he offered to deliver unto
them : But they, conceiving it not to be fatisfac-
tory, after forne private Confultation amongft
D 4 them-
5 6 The Parliamentary^ i s T R Y
. -a Car. I. themfelves, came unto him, and defined to be ex-
l6*6- ^ cufed ; prefling him to a pofitive Anfwer and Con-
~~T^r~Zr' fent» and telling him, they muft take the Boldnefs
to continue fo doing till the lalt Period of their
Time ; and therefore prayed him to give them Ad-
mittance again before their Departure. He afked,
When ? They anfwered, That Afternoon, if he
pleafed. He faid that could not be, for he had
other Bufmefs to do : So the next Morning was
appointed, and they accordingly came unto him
on the Lord's Day, before Prayers, and prefTed
him, as they had done before, with Importunity ;
but he told them he could not give them any other
Anfwer than what he had fet down in Writing,
and tendered unto them before : Which he caufed
again to be read, urging them with much Impor-
tunity to receive it. They thereupon craving
Leave to withdraw, and confidering with them-
felves that they had ufed all the Means they could
for the obtaining a pofitive Anfwer and Confent ;
and that no other Anfwer could be gotten, but
that which he had now the fecond Time offered to
them in Writing, they returned back and fpake
thefe Words, viz. They receive this Paper, now of-
fered by your MajeJIy, with this humble Prate/lotion,
That it is icithcvt their Approbation or Confent, as
to the taking of it for an Jlnjwer ; and that it foall
be no Engagement to them, the Commijjioners, in any
Kind whatsoever .'
After this the Commons ordered the Thanks
of their Houfe to be given to the Lords Commif-
fioners and to the Commiflioners for Scotland, as
well as to thofe of their own Body that attended
the King with the Propofitions. The Earl of Pem-
broke made the fame Report to the Lords, which
is entered in their Journals.
Next follows the King's Anfwer to the Propo-
fitions, as put into Writing by his Majefty, and
delivered to the Commiflioners.
CHARLES
cf ENGLAND.
CHARLES R. An.
THE Propofitions tendered to his MajeJJy by the
Commijjtoners from the Lords and Commons af-
fembled in the Parliament of England at Weftmin-
tfer, and the CommiJJioners -of the Parliament 0/"^niv
Scotland, (to which the Houfes of Parliament have poGtion*.
taken twice fo many Months for Deliberation as
they have ajfigned Days for his MajeJ}y's Anfwer)
do import fo great Alterations in Government, both
in the Church and Kingdom, as it is very difficult to
return a particular and pofitive Anfwer, before a
full Debate, wherein thcfe Propofitions and the ne-
ujjai'y Explanations, true Senfe and Reafons there-
of, be rightly weighed and underjlood ; and that his
Mujefly, upon a full View of the whole Propofitions,
may know what is left, as well as what is taken
away and changed: In all which his Majejly finds ^
upon Difcourfe with the faid Commijfioners, that
they are fo bound up from any Capacity either to
give Reafons for the Demands they bring, or to give
Ear to fuch Dejires as his Majejly is to propound,
as it is impojfible for him to give fuch a prejent
^Judgment of, and Anfwer to, thefe Propofitions^
whereby he can anfiuer to God, that a fafe and well
grounded Peace will enfue ; which is evident to all
the World can never be, unlefs the jujl Power of the
Crown, as well as the Freedom and Property of the
Subject, with the jujl Liberty and Privileges of Par-
liament, be likewife fettled.
To this End his Majejly dejires and propofeth to
come to London, or any of his Houjes thereabouts,
upon the Public Faith and Security of tie two Houfes
of his Parliament, and the Scots Com?niJJijncrs, that
he /hall be there with Freedom, Honour, and Safety ;
where, by his perfonal Presence, he may not only raife
a mutual Confidence betwixt him and his People, but
alfo have thofe Doubts cleared, and thofe Difficulties
explained unto him, which he now conceives to be
dejlruSlive to his jujl Regal Power, if he JhouLl give
a full Confent ti theft Propofitions as they noiv Jiand:
A> likewife that he might make known to tbe:n fuch
his reafonable Demands, as he is mojl aijured will be
5 8 <The Parliamentary HISTORY
A«. « C*r. I. wry m,uch conducible to that happy Peace which all
t l646- ^ good Afen dejlre and pray for ; by fettling of Religion,
Aueuft *he jujl Privileges of Parliament^ -with the Freedom
and Property of the SubjecJ.
And his Majejly ajfures them, that at he can ne-
ver condejcend unto what is absolutely dejlruftive t\
that juji Power which, by the Laws of God and the
Land) he is born unto ; fo he will chearfully grant
and give his Affent unto all fuch Bills at the Defer e
of his two Houfes, or reafonable Demands for Scot-
land, which /hall be really for the Good and Peace
of his People, not having a Regard to his own Par-
ticular, much lefs of any Body's elfc, in refpett to the
Happinefs of thefe Kingdoms: wherefore his Ma~
jejly conjures them, as Chrijlians, as Subjefis, and
as Men who defer e to leave a good Name behind them,
that they will fa receive and make ufe of this An-
Jwer, that all Iffues of Blsod may be flopped, and
thefe tmhappy Dijlraftions peaceably fettled.
At Newcajile the firft Day of Auguji, 1 646.
P. S. Upon Ajfurance of a happy Agreement, his
Majejly will immediately fend for the Prince, his
Son, abfolutely anfwering for his perfect Obedience^
H return to this Kingdom.
To the Speaker of the Houfe of Peers, to be
communicated.
This Anfwer, the Journal obferves, was read
by the Report, but not admitted to be read by
the Clerk.
The fame Day the Speaker of the Houfe of
Lords prefented a Letter which he had received
from the Scots Commiflioners, which was read*
and a Paper inclofed therein.
Far the Right Hon. the S P E A K E R of the Houfe
of PEEKS pro Tern pore.
^ Letter prcfent- My Lord,
ed to the Lords, « qpHE Commiffioners of the Kingdom of
SitnSon0111"4 1 Scotland, who did attend his Majefty with
th it Oration. « the Propouiions of Peace, being now returned,
cf E N G L A N D. 59
* according to our Inftru&ions we have fent up this An- *2 Car.
' inclofed, which we defire your Lordfhip to com- t l6* '_ t
* municate to the Honourable Houfes when their Auguft.
« Commiflioners fent to his Majefty fhall make
* Report of their Proceedings, and we remain
jVorctftcr-Houfc, Tour Lord/hip's humble Servant s>
Aug. 10, 1646.
LOUDON, ARGYLE,
LAUDERDALE, W. HOUSTON,
H. KENNEDY, R. BARCLAY.
* ' • ""HE fame Principles of brotherly Affe&ion, A Remonftrance
« JL which did induce both Kingdoms to a Con- £ S^01^
4 junction of their Councils and Forces in this offering to with-
6 Caufe, move us at this Time to apply ourfelves draw their Ar-
c to the moft real and effectual Ways which tend my'
£ to afpeedy Conclufion and amicable Parting, and
6 to the preventing of Mifunderftandings between
* the Kingdoms in any of thefe Things, which,
* peradventure, our common Enemies look upon
' with much Joy, as Occafions of Differences ;
' for this End we h?ve not taken Notice of the
c many bafe Calumnies and execrable Afperfions
* caft upon the Kingdom of Scotland in printed
* Pamphlets, and otherwife ; expecting, from the
' Juftice and Wifdom of the Honourable Houfes,
5 that they will of themfelves take fuch Courfe for
' the Vindication of our Nation and Army, as the
' Eftates of Scotland have fhewed themfelves ready
' to do for them in the like Cafe.
' Upon the Invitation of both Houfes, the King-
c dom of Scotland did chearfully undertake, and
' hath faithfully managed, their Afliftance to this
' Kingdom, in purfuance of the Ends exprefs'd in
* the Covenant. And the Forces of the common
' Enerny being, by the Blefling of God upon the
1 joint Endeavours of both Kingdoms, now broken
' and fubdued, a Foundation being alfo laid, and
* fome good Progrefs made in the Reformatian of
' Religion, which we truft the Honourable Houfes
' will,
60 The Parliamentary H i s T o R Y
. « Car> *• * will, according to the Covenant, fmcerely, really,
_1*' i ' and conftantly profecute until it be perfected ;
Auguft. ' that we may manifeft, to the Confciences of our
4 Brethren and to all the World, how far it is, and
' ever was, from the Thoughts or Intentions of
* the Kingdom of Scotland to make ufe of their
' Army in this Kingdom to any other Ends befides
£ thofe exprefled in the Covenant ; and how much
' they defire the preferving and perpetuating of
' Peace and Amity between the Kingdoms, and the
* eafing of theBurthens andPrefluresof this Nation;
4 we do declare in their Name, That they are wil-
' ling, forthwith, to furrendertheGarrifons poflefs'd
' by them in this Kingdom, which they did keep
' for no other End but the Safety and Security of
' their Forces ; and, without Delay, to recall their
* Army, reafonable Satisfaction being given for
c their Pains, Hazards, Charges, and Sufferings ;
' whereof a competent Proportion to be prefently
' paid to the Army before their Difbanding, and
' Security to be given for the Remainder at fuch
' Times hereafter as (hall be mutually agreed on.
' If any Forces (hall be kept on foot in either
' Kingdom, we defire that they may be put under
' the Command of fuch Perfons as are known to
f be zealous for Reformation and Uniformity in
' Religion, and moft tender of the Peace of the
* Kingdoms, and againft whom neither of the
' Kingdoms may have any juft Caufe of Jealoufy.
' And whereas the Kingdom of Scotland hath
1 been invaded, and is ftill infefted by Forces from
' Ireland, it is expected that the Honourable
' Houfes, according to the Large Treaty, will give
' fuch Afliftance and Supply to the Kingdom of
« Scotland, as may fpeedily reduce thofe Rebels to
* Obedience.
' And, to the end there may in all Things be
4 a good Underftandino; between the Kingdoms,
* we further propofe, That whereas Proportions
* for a fale and well-grounded Peace have been
* lately fcnt to the Kin"- in the Name of borh
of E N G L A N D. 6r
c Kingdoms ; and, for obtaining his Majefty's An- *« Car. 1.
* Content thereunto, the utmoft Endeavours of the . * * __'_ ,
* Kingdom of Scotland have not been wanting, as Auguft.
* may appear by the many Addrefles, Petitions,
' and Solicitations to that End from the Army, the
* Lords of his Majefty's Privy Council, the Com-
' mittee of Eftates, and the General Aflembly of
* the Church ; the Succefs whereof hath not an-
fwered our Wifhes and Hopes, his Majefly, to
' our unfpeakable Grief, not yet having agreed to
4 thfi Propofitions ; we defire that the Honourable
' Houfes may be pleafed to take fuch Courfe as,
* by joint Advice of both Kingdoms engaged in the
* fame Caufe, labouring under the fame Dangers,
* and aiming at the fame Ends, we may confult
* and refolve what is next to be done for the Peace
* and Safety of thefe Kingdoms, both in relation
' to his Majefty, and each Kingdom to the other j
* being confident that the Refultof our joint Con-
' fultations will be fuch as (hall provide for the
' prefent and future Security of the Kingdoms,
c and ftrengthen their Union between themfelves.'
By Command of the CsmmiJJloncrs for the Parlia-
ment of Scotland.
JOHN CHIESLEY.
After reading the foregoing Letter the Lords re-
turned Thanks to the Earis of Pembroke and
Suffolk for their Pains and Care in this Service ;
and it was ordered that the King's Letter, and
this Letter from the Scots Commiflioners, be com-
municated to the Houfe of Commons at a Con-
ference, and that a Committee be appointed to
confider what is proper to be offered upon the Oc-
cafion to induce their Concurrence; which being
done accordingly, the Lord fPharton read the fol-
lowing Report :
' The Lords being inform'd, by the Commif- Reflation* of
fioners, of the fair and cordial Carriage of our the Lords there-
Brethren of Scotland, during the Time of theirupon*
being at Nnocqflte, and their earneft Endeavours
for promoting the Propofitions ; and having recei-
ved
62 *Ihe Parliamentary HISTORY
An. az Car. I. ved from the Commiffioners 6f Scotland the Paper
l6*6' now read, their Lordfhips think fit to obferve the
^ Aoguft rea^ ExPreffi°ns °f the Faithfulnefs and Integrity
of that Kingdom to this Kingdom and the com-
mon Caufe, wherein both are fo happily united ;
and they are refolved to ufe all Means that may
clearly evidence to the Kingdom of Scotland, and
the whole World, their good Affections to that
Kingdom, and their Care to preferve inviolably
the happy Union betwixt us and them, according
to our Treaty and our folemn League and Cove-
nant : Wherefore,
c In the firft Place, the Lords have pafled this
Ordinance to prevent the Abufes of fcandalous
Pamphlets againft that Nation and Army, and de-
fire your Concurrence therein^ viz.
* Be it ordained by the Lords in Parliament af-
* fembled, That all Devifers or Printers of any fcan-
« dalous Pamphlets or Papers, that fhall, from this
« prefent Day, be made or printed againft the
* Kingdom of Scotland, or their Army refiding in
c the Kingdom of England^ fliall be puniflied in a
e parliamentary XVay, according to their Deme-
« rits.'
* As to that of their Delivery of the Garrifons
and withdrawing their Army, reafonable Satisfac-
tion being given for their Pains and Hazard, Part
in Hand, and Part hereafter upon Security as mail
be agreed upon, the Lords do think it fit that fpee-
dy Satisfaction be given them therein.
' As to that of the Forces to be kept in each
Kingdom, the Lords are refolved to employ fuch
Perfons in this Kingdom as are faithful to the Ends
contain'd in the Covenant, and the Peace of both
Kingdoms.
* As to that concerning the affifting of the King-
dom of Scotland againft the Rebels in Ireland^
which infeft them, the Lords think fit to obferve
the Large Treaty in that Particular, as is defired ;
and defire the Commons Concurrence therein.
* As to the laft Part, concerning what is next
to be done for the Peace and Good of both King-
2 ' doms
of E N G L A N D. 63
cloms, in relation to the King, and each Kingdom An- ** Car. *•
to the other, the Lords think fit that a Commit- ^ ' *.'
tee of both Kingdoms be appointed to confider of
the Ways, and make Report to both Houfes.' Ac-
cordingly
The Lords named the following Committee on
their Part, viz. the Earls of Northumberland^ EJ/ex9
Pembroke^ Sarum, Warwick^ Suffolk^ arid Man-
ihe/ler, Lord Vicfcount Say and Sele, and the Lords
rts. And the next Day,
Aug. 13. A Conference being held between Which are corn-
both Houfes on this Subjett, the Earl of Pembroke ™££L £***
acquainted the Commons, ' That he was command- conference! *
ed to give an Account of the Carriage of the Scots
Commiflioners that did attend his Majefty with
the Proportions, and of the reft of the Scots Lords,
and of the whole Nation there : That they did
exprefs much Zeal, and Faithfulnefs, and Affec-
tion to the Caufe j very much Love and Refpecl
to the Commiflioners; Faith, Honour, and Ho-
nefty in all their Carriage ; Earneftnefs and Free-
dom towards the King ; Freenefs and Clearnefs
towards our Commiflioners, and would do nothing
without them, and were never from them when
their Prefence could do them any Service**
The next Day this being reported to the Com-
mons, the foregoing Letter and Paper inclofed
therein was read, and the Opinion of the Lords
thereupon. Then an Ordinance for punifliing the
Printers and Contrivers of all fcandalous Pamphlets
or Papers againft the Kingdom of Scotland, or
their Army refiding here, was read ; and a Motion
being made for a fecond reading thereof, it was
carried in the Affirmative by 130 Voices againft
102. The Tellers on this remarkable Occafion
were, for the Queftion, Mr. Holies and Sir Walter
Erie (one of the Commifiioners that had attended
the King with the Propofuions) ; againft it, Sir Ar-
thur Heflerig and Sir John Evelyn of Wilts. And
the Bill was ordered to be committed.
Then it was refolved, without Divifion,
j. « That
64 The "Parliamentary HISTORY
An. z* Car. I. i. « That the Sum of ioo,ooo/. be forthwith1
^ l646' j provided for the Scots Army, and paid unto them,
A ft. upon the Marching of their Armies and Forces
out of this Kingdom.
Who thereupon 2< ' That the Members of this Houfe that are
vote ioo,oool. of the Committee of both Kingdoms, or any four
to the Scots Ar- of them, do communicate this Vote to the Scots
my, on n . commjfljoners? an(j receive their Anfwer there-
unto: And that they do acquaint them, That,
upon the adjufting of the Accounts of their Ar-
mies and Forces, whatfoever (hall appear to be
due to them {hall be paid them, according to the
Treaty.'
Aug. 18. The Commons authorized fuch of
their Members that were of the Committee of
both Kingdoms, to confer with the Scots Ccmmif-
fioners, and to know, what Sum would fatisfy
them for all Demands from the Kingdom of En-
gland^ exprefied in the before-mentioned Paper;
what Sum they expected to be paid, in prefent,
before their difbanding, and what for the future,
and at what Times. And the next Day Mr.
Crew reported, by Word of Mouth, That, in
Difcourfe, the Scots Commiflioners faid, * That
• tney exPe&ed 6oo,ooo/. of which 3oo,ooo/. to
^e P'1"^ prefently, and the remaining 30C,ooc/.
at fuch Times as fhall be agreed upon ; but that
confidering the Neceffities of this Kingdom, and
the State of Ireland, they are content to take
20C,ooo/. prefently, and 300,coc/. within a Year.'
Aug. 20. The Commons refolvec', That the
feveral Allowances of 4/. per Week, granted to
their own Members (£), and all Penfions appointed
The Penfions to tn°fe °f either Houfe, be from henceforth dif-
formerly allowed charged. This Vote is thus commented upon by
to Members, dif- a Journalift of the Times (/): ' Thefe Penfions weic
jtmued. allowed to many Members whofe Lands were
wholly
C*)TheNanoe» of thefe Members may be found in our i3th Vo-
lume, p. 404.
(/)Tke Dove, No 148, p. it.
*f E N G L A N D. 65
Wholly fequeftered "by the King, and (ome others ; An. «z Car. li
iut the King's Forces being, by God's Mercy, ^' * '_..i
now broken, and the Kingdom under the Com- Auguft.
mand of the Parliament, the Houfe voted, That
they fliould be taken off; that Allowance being
intended but for the Supply of their Neceflity,
while they were deprived of their own Eftates.
Such is the Care of th -.t Houfe, as clearly appear-
6th, to eafe the Kingdom of Payments, and to
ratify the Debts due to thofe that want : Let the:
People exprefs their true Thankfulnefs b'/ their
loving Submiffion and Obedience to their Orders
and Commands, for it is not the leaft Evil to the
Kingdom's Prejudice, that Men murmur againft
and are jealous of their Prefervers, which is the
Work and Defign of the Enemy to foment.' — —
But to return to the Affair of the Scots Army.
Aug. 21. The Commons, having taken Mt'.
Crew's Report, before-mentioned, into Corifidera-
tion, refolved,
1. « That 2co,ooo/. be provided frr the Scots
Army; whereof the firft ioc,coo/. to be paid unt6
them, upon the marching of their Armies and *°°(£<for* the*
Forces out of this Kingdom, at fuch Time and scots Army.
Place as hereafter (hall be exprefled.
2. • That the Time {hall be the i8th Day of
September next.
3. ' That it be referred to fuch Members as are
of the Committee of both Kingdoms, to confer
with the CommifRpners of Scotland concerning the
Place for the Payment'of the firft ico,ooo /.
4. * That the fecond ico,coo/. fhJi be paid at
two equal Payments j the firft 50jC.ooA at the End
of three Months, a,rid the fecond 5cq,oco/. at the
End of nine Months; both accounting from the
1 8th of September next.' And
The Committee of the North^ with the Com-
mittee for the Army, were ordered to prepare a
general Eftimate of the Accounts of the Scots Ar-
my ; to confider of the Eilinute fen: in by the Scots
Cbmmiffimers i and what frull be thought fit to be .
VOL. XV, £ brought
66
Parliamentary HISTORY
AD. 2* Car. I.-brought in, by way of Eftimate, to balance that, &
^__J s' j defalk. from it, or furcharge upon it. Accordingly,-
Augufl.
Aug. 27. Mr. Stackdale reported a General Efti-
j-S"".1*8 of thc mate of the Accounts of the Scots Armv fmce their
Debts due to /-^ • • j-> i i r • i i '• /"• T
them, as ftated Coming into England, as fent in by their Commif-
by t:-.e Englifh fioners ; and another Eftimate thereof, as ftated by
gadjkots refpec- a Committee of the Houfe of Commons, with fe-
Veral Objections to that delivered in by the Scots*
All thefe are entered in the 'Journals', but no No-
tice is therein .aken of the Scots Objections to the*
Englijb Eftimate, nor of their Replies to the Ob^
jections of the Englijb. Thefe, however, we have
fupplied from a Pamphlet of the Times (m] ; and
have digefted the feveral Objections, both Englijb
and Scris, by way of Anfwer* and Reply, as th£
beft Means of laying before the Public a juft View
of this Difpute between the two Nations.
*fbi Scots General EJlimate of the ACCOUNT s of their
fince their Coming into England.
Tl)e Kingdom of England Debtor.
FOR the Charge of levyingvarming, and
bringing the Forces together, furnifh-
ed, being 18,000 Foot, 2OocHorfe, icoo
Dragooners effective, and upwards, and for
fitting the Train of Artillery in readinefr to
fnarch into England, according to the fourth
Article of the Treaty, whereof an Account
Was given totheCommiflioners of England,
amounts to --------
Englifh Objection. By the fourth Article
of the Treaty this is to be done at the fame
Rates as if the Kingdom of Scotland were to
Jaife the Army for their own Affairs : And
therefore, until a particular Account be
delivered in to the Parliament of England^
fcy which it may appear what Rates are
tifual in the Kingdom of Scotland in fuch
Cafes, and that the above Sum doth not
Carried
87415 6 S
over 87415
(*) Printed fry Lattr, Chapman, ty Order of thc Salt Commiffiwers,
6 8
Broughi
tf ENGLAND.
Brought ever
Exceed thofe Rates, the fame cannot be
Charged upon the Kingdom of England.
Scots Reply* The above Charge is at
the fame Rate as if the Kingdom of Scotland
had raifed the Army for their own Affairs.
The Charges were delivered to the Englijh
Commifftoners, who did acquaint the Houfe
of Commons with it. It cannot be expected
that the Kingdom of Scotland Ihould enter-
tain an Army for Englandat lower Ratesthan
if it had been raifed for their own Affairs.
Moreover, it being in the Winter Seafon
when the Army was levied, it was the more
chargeable ; fo that every SoldL-r had over
and above the public Allowance, 10 s. a
Man, which is not at all charged in the
above Account.
For 31, coo/, monthly all o-wed to the*
Army and Garrifon of Benvick, towards
the Charge thereof for 32 Months, from
the i8th of January 164!, to the i8th of
September 1646 next enfuing, there is
due, according to the fifth Article of the
Treaty for Afiiftance, and the firft Article
of the Treaty for fettling a Garrifon in
Berwick^ --------
By the fa"id fifth Article it is provided, -
That the Kingdom of England fkall make
due Recompence to the Kingdom of Scot-
land, by way of brotherly Affiftance, for
what they {hall have juft Caufe to demand
when the Peace of the two Kingdoms is
fettled, over and above the 31,000?. month*
ly; whereupon is demanded, as Surplufage
of the monthly Charge of the Army, over
and above the 3i,ooc7. abovefaid, for the
firft twelve Months, at the Rate of 25,ooo/.
fer Month ---,„---
87415
992000 o 6
300000 o o
Carried wtr 1379415 6 8
Brougty
68 Ibe Parliamentary HISTORY
/. s. A.
Brought over 1379415 6 8
For Surplufage of the Charge of theAr-"|
my, from 'January 164*, to the 1 8th of I
September next enfuing, being 20 Months, j 33OOO° ° °
according to the Mufter Rolls — J
Englifti Objettion. As to the two laft
mentioned Articles, it is provided by the
fifth Article of the Treaty, That if the
Scots (hall have juft Caufe to demand fur-
ther Satisfaction for. their Pains, Hazards,
and Charges, (the 31, coo/, per Menfem
being not a full monthly Pay for that Army)
that then they fhall have due Recompence
for the fame from the Parliament of Eng-
land^ to whom the Juftice of the Demand
v is to be made appear; and then their Pains,
Hazards, and Charges are to be recompen-
fed in a general Way, from the Good-will
and Kindnefs of their Brethren of England:
But the Surplufage of the faid monthly Pay
is not to be charged upon the Kingdom of
England as a Debt to that Army, or to our
Brethren of Scotland.
Scots Reply. The Kingdom of Scotland
did accept of 31,0007. to be paid by the
Month, and would demand no more for
the prefent, in regard of the great Burdens
of the Kingdom of England^ and fuperfeded
the reft till the Peace of the two Kingdoms
was fettled ; it being provided, by a general
Claufe in the fifth Article of the Treaty,
That the Kingdom of England (hall make
due Recompence to the Kingdom of Scot-
landy by way of brotherly Afliftance for
what they (hall have juft Caufe to demand.
And the Jurtice of their Demand will ap-
pear very reafonable, when compared to the
meaneft Rates of any Army in England, or
the Scots Army in Ireland $ according to
which the Coinmmittee of both Houfes did
Carried over 1709415
tf
ENGLAND.
69
s. d.
6 8
Brought over
offer to pay this Army in their Paper deli-
vered to the Convention of the Eftates of
Scotland, Augujl 19, 1643.
For the levying of the Earl of Callender* s~\
Army, being near the Half of the Strength V 40000 o o
of the firft Army. ------ J
For their monthly Maintenance for fix -|
Months, at the Rate of 20,000 /. per > 120000 o o
Month, -- - - - ^ - - J
Englifli Objeftlon, As to the two laft
Articles ; although thefe Forces were invi-
ted, by Order of Parliament, to come in
for their Affiftance, yet no Treaty nor Efta-
blifhment being concluded on for fettling a
particular Pay for them, and their Numbers
not increafmg the Earl of Leven's Army
above the Number of 21,000 Men, con-
tracted for by the Treaty, therefore this Sum,
ought not to be charged upon the Kingr
dom of England.
Scots Reply. The Earl of Calender's
Army was invited into this Kingdom by
both Houfes, who therefore cannot in Juf-
tice refufe to pay them. And whereas it is
alledged, that the Number of the Earl of
Calender's Army did not increafe the Earl
of Leven's above the Number of 21,000
Men ; it was often defired that a Mufter
of them might be taken by the Honour-:
able Houfes,. when both Armies were in
England; which not being done, they can-
not but admit the Mufters taken by fuch as
are intruded by the Kingdom of Scotland
for that Purpofe, and that in the ftricteft
Way there ufed. Bcfides, the Forces of
the Earl of Calender were not called in as
Recruits, but as adiftinct Army, compofed
pf their own Regiments, a General and — — — _
Carried ovtr 1869415
6 8
Brought
99
Tbe Parliamentary HISTORY
Brought over 1869415 6
ether Officers, with a Train of Artillery, to
block up Newcaftle, whilft the Army com-
manded by the Earl of Leven was lying be-
fore York.
For Intereft of Monies not paid at their 'I
due Time, according to the fifth Article of \ 6ooo0 O
the Treaty, -------- J
Englifh Objection. There can be ro fuch
pemand made, becaufe the Money advan-
ced and paid by the Parliament of England^
and the Free-quarter and Billet, with other
Monies taken by the Scots Army, from,
Time to Time, hath fupplied their Pay in,
due Seafon according to the Treaty.
Scots Reply, The Money paid by the
Parliament, and the Free-quarters taken by
the Scots being reckoned, the Committee
refiding with them are able to make it ap-
pear that a greater Sum is due for *
than hath been demanded.
The Eflimate of the great Lofles of the -\
Kingdom of Scotland, fuftained through our
Engagements for this Kingdom, and the
Invafion of the Irijh, which they are bound
to preventer fupprefs, which, we are con-
fident, is more than any other of the Ar-
ticles, is left to the Confideration of the
Honourable Houfes ------
1929415
6 8
<The Kingdom of England Creditor,
Received by the Armies, in Monies and "
^rovifions, from Goldfmiths-Hallt Turners-
Jiall) from the Commiffioners of Parlia-
frient, the Mayor of Tork^ out of the Profits
6f Coal, Cuftom, and Excife in the North,
by way of AflefTment; as alfo by quarter-
ing in Northumberland, Bifhoprickof Dur-
})am, Yorkjhire, and Nottingham) whereof
the Accounts have already been^nade.
464063 o
Brought
gf ENGLAND. 71
/. s. d.
Brought over 464063 o o
Refts due for Quarterings of the Army, ^
whereof the Accounts are not yet made, as
may be conjectured by Proportion with the > 219937 O O
monthly Quarterings, whereof the Ac- I
684000 O O
counts have already been made,
The Englifh State of the ACCOUNT with tie Scots Aimy^ b)
of Eftimate,
The Kingdom of England is Deb tor '«
FOR the Entertainments of the Scots Ar- ^
my, and the Garrifon of Berwick, from
the 1 8th of "January 1643, to the i8th of
September 1646, being 32 Months, after the
Rate of 3i,ooo/. per Menfem^ in cafe they
did come in and continue in England the 992000 0 0
Numbers of 18,000 Foot, 2000 Horfe, and
1000 Dragoons, efFe6rivc, according to the
Treaty of Afliftance and the Treaty for
Berwick, the Sum of -----
lu M M'
ain--»
ittee I
)£lo- [
>. J
220629
The Kingdom ^/"England is Creditor
For Monies paid towards the Entertain-
ment of the Scots Army by the Committe
at Goldfmitbs-Hall* from the 6th of Otto
ber 1643, to the ift of November 1645
Scots Objection. In this Account are
comprifed feveral Provifions fent unto
them, which were never delivered ; fome
Part taken by the Enemy at Sea ; fome Part
fpoiled and made ufelefs jbefides, no Freight
or Damage in Carriage is here alllowed to
the Soldier.
o o
For Money and Lead delivered to them, ^
by the Cpnimiflioners of both Kingdoms, >
».t York) after the Rendition of that; Place* J
9000 o o
Carried over 229629 o o
Brou^b.
*?he 'Parliamentary HISTORY
88ooo Q o
"Brought over 229629 O
For Provifions and Monies aflefled upon '
£he County of York, by Order of the Com-
jniffioners of both Kingdoms, and theCom-
niittee of that County, within the Spate of
four Month's during the Siege of York, and
afterwards until they marched away to the
Siege ofNewcaftle, after the Rate of 22,000/.
"pet Mekfim, "''- - - ' - - - - -
Scots Objeftion, They never received
near that Sum, it being evident, by daily
Experience, that Money fo collected doth
never answer the proportion of the Affeff-
For Cloth delivered to them by the In— \
habitants in and about Leeds, prefently af- I
ter the Siege of fork, by Order of the Com- f 1 0000 0
miflioners qf both Kingdoms, - - - J
Scots Objection, This, by Miftake, is
twice charged, it being Part of the Money
Formerly reckoned as received from the
Committee at Goldfmitks-Hall.
For Monies, Cloaths, Arms, and Provi-
ficns furnifhed to them during the Siege of
Newark^ by the Committee of Lords and
Commons refiding W5th the Army, the 99°54 12 XJ
Committee at ^ottivgham^ and the Com-
mittees of Goldfmiths- Hall anH 1'urners-
Scots Qtytftla*. With the Monies here
nientioned they difcharged their Quarters,
therefore not to be charged in this Account j
by which there will be deducted 50,000 /,
For Monies paid , them by the Lord
JMayor of York, in June, *July, and Oc-
tober, 164.5, - * - -
1 700 o
Carried over 428383 12 u
Brought
of ENGLAND.
73
Brought over 428383
the Profits of-
12 II
For Monies arifing by
jCoals in Ne-jucajlle and Sunderland, receiv'd
by the Scots Army within the Space of one
Year after the taking of that Town, which
was in Oftober^ 1644, -
For Monies paid to them out of theEx--j
cife, befides 62l. included in the ijool. I
>peri
paid by the Lord Maypr of Tork,
Certificate from the Excife,
For Monies arifing out of the Profits of
Coals at Ne-wcajlle^ and other Northern
Parts, from Qttober 1645, to the i8th of
September 1646, which is all paid, and to be
paid, to the Scots Army; and, by Eftimate
made upon former Receipts, are proportion-
ed to be ---------
Scots Objection. The Monies in the three
Jaft Articles amounting to 119,3857. I2J.
£fd. did in truth arife only to 8o,OOO/. be-
caufe the Coals in the firft Year did arife to
i os. per Chaldron, at which Rate they are
ftill eftimated to the Scots, when the Years
following they had but 51. per Chaldron ;
So that here is to be a Deduction of near
40,000 /.
For Monies received by them, by way!
of Compofition, for Coals and other Goods I -
belonging to Delinquents and other Per- I
fons, within and about the Town of New- .
caftle^ fmce they entered and placed their |
Garrifon there, by Eftimate - - - J
Scots Objection. There was no Compo-
fttion taken, but only what the Officers re-
ceived to lave theHoufes of the Inhabitants
from Plunder; which cannot be accounted
as Part of the Pay of the Army, fmce the
Town was taken by Storm.
Carried over
50000 o o
16385 12
5^000 O Q
O O
567769
f 3
brought
74
The Parliamentary H I s T o R Y
452000 o o
Brought over 567769 5
For Free-quarter and Billet taken by
them in the Kingdom of England, from the
i8th of January 1643, to the i8th of%>-
jember 1646, admitting it no more than
half their Pay, which is the leaft Propor-
tion ufual in Armies ; and then in cafe they
were, and always continued, the Numbers
contracted for by the Treaty, and the fame
Proportion of Pay arifmg to them, as by the
Treaty is appointed, their Free-quarter and
Billet, befides the four Months above char-
ged within the Sum of 80,000 /. whilftthey
lay at the Siege ofTork, will, byEftimate,
amount unto -
Scots Objection. The total Sum for 28
Months will not amount to more than
432,000 /. Befides, it is to be confidered,
that only the Half of the Soldiers Pay is to
be allowed for Quarters, and but a third
Part of the Officers, which makes a great
Deduction. Moreover it is known, that
the firft fevenor eight Months after theEn-
try of the Scots Army into this Kingdom,
they received very little Provifion, the
Country being in the Enemy's Power, fo
that half of their Provifion did come month-
ly from Scotland, notwithftanding the Pro-
vifion received from London.
For feveral great Sums of Money, aflefT--*
^d and levied upon particular Perfons, for
the Fifth and Twentieth Part, and other-
wife, and alfo aflefs'd upon Townfhips,
Conftableries, and Parities, within the
Kingdom of England, and levied by them*
by their own Power, without Confent of
Parliament, befides the Free-quarter and
Billet before-mentioned; which though
fome Perfons do eftimate it at much more,
yet here are valued no higher than
403000 o e
Carried over 1422769
5 3
Brought
o/ ENGLAND.
Brought over 1422769
Scots Objection. Thefe Afleflfments were
only made in the Winter-time, and then
the Quarters were deducted out of them,
jmd but a fmall Proportion will be found
pbove the Quarters and Billetings of the
Army : So that this and the precedent Ar-
ticle cannot confift together.
;l
For feveral great Proportions of Arms
Ammunition, and Provifions of War, deli
yered to the Scots Army, and eftimated at
Scots Objection. Arms and Ammunition
are not to be allowed as Part of the Army's
Pay. The Kingdom of England, by the
fourth Article of the Treaty, is obliged to
repay the Kingdom of Scotland the Train
of Artillery, and other Neccflaries ready
to march, which is all they are to find.
Again, it is impofiible that the Arms and
Ammunition delivered fhould come near
that Sum : So that thefe Exceptions being
confidered', the Scots have only as yet re-
ceived the Sum of 700,0007. .
Sum Total of the Particulars aforefaid
Befides what the Scots Army hath taken
from the People of England, by Plunder of
Merchandize, Houfhold Stuff, Horfes,
Sheep and other Cattle and Goods ; which,
in Value doth amount unto, if not exceed,
any two of the Sums above-mentioned.
Scots Anfwer. For Plunder; it is moft
certain that many of the Englljh, pretend-
ing themfelves to be Scots, have been ac-
tive in plundering in the Country; greater
Care hath been taken for fupprefling Dif-
orders in the Scots Army in England than
hath been in the Army of Scotland : Some
have been put to Death for pilfering to the
Value but of two Shillings.
40000 o o
1462769 5 3
After
7 6 The Parliamentary HISTORY
*"' 11 ?'* T* After readin? tne Eftimates, both
, ^ * 4 ' , Sttfr, and the Objections to the latter, the Que-
' Auguft. ftion was propofed, That fuch Members as are
A third Sum of of tne Committee of both Kingdoms (hall have
700,000 /. voted Power to offer unto the Commiffioners of Scotland^
forthebcouAr- ioo,ooo/. more than the 20O,ooo/. already voted;
to be paid unto them at the End of twelve Months,
to be accounted from the End of the nine Months
whereon thelaft 50,000 /. Part of the faid 200,000 /.
is ordered to be paid ; and for a Difcharge of all
Demands from this Kingdom, exprefied in their
Paper of the i8th of Augujl, if they (hall be con-
tent therewith ; or, otherwife, to offer them to
tome to an Account upon the firft 200,000 /. But
a Motion being made for granting two hunder«d
thoufand Pounds additional inftead of one, this
pafs'd in the Negative, by a Majority of 108
againft ioij and the Propofal for only ioo,OOO/.
more was agreed to. Then this Vote was ordered
to be communicated to the Scots Commiffioners,
and their Anfwer demanded. However, this
Motion for 2OO,oco/. more was afterwards re-
fumed, a$ will appear in the Sequel.
The Lords had nothingbefbre them, for feveral
Days, but private Caufes, and Ordinances for taking
offSequeftrations from the Eftates of many unhappy
Sufferers in the late Wars, by large Compofitions
for them; the Multiplicity of which, being all par-
ticularly recited, fwell their 'Journals to a very great
Bulk, and are too extenfivefor our prefent Defign.
We therefore conclude this Month with an Ordi-
nance pafs'd, at this Time, for the Ordination of
Minifters according to the Prefbyterian Plan, de-
fign'd by both Nations to be the Eftablimment of
this Ifland.
An ORDINANCE concerning the Manner of Ordina-
tion of Minifters in Clajffical Prejbyteries^ together
with Rules for their Examination.
An Ordinance c TTrfiereas the Word Prejbyter, that is to fay,
' W El^ and the Word &>#, do, in the
* Holy Scripture, intend and fignify one and the
' fame
tf E N G L A N D. 77
* fame Function j although the Title of Bi/hop An< " Car'
5 hath been, by corrupt Cuftom, appropriated to t l6*6' .
* one, and that unto him afcribed, and by him af- Auguft,
* fumed, as in other Things, fo in Matter ofOr-
* dination that was not meetj which Ordination
4 notwithftanding being perform'd by him, a Pref-
4 byter, join'd with other Prefbyters, we hold for
4 Subftance to be valid, and not to bedifclaimed by
« any that have received it; and that the Prefbyters
4 fo ordained, being lawfully thereunto appointed
' and authorized, may ordain other Prefbyters :
4 And whereas alfo it is manifeft by the Word
* of God, that no Man ought to take upon him-
« felf the Office of a Minifter, until he be lawfully
* call'd and ordain'd thereunto; and that the
* Work of Ordination, that is to fay, an outward
4 folemn fetting apart of Perfons for the Office of
* the Miniftry in the Church, by the preaching
Prefbyters, is an Ordinance of Chrift, and to
« be perform'd with all due Care, Wifdom, Gra-
* vity, and Solemnity: It is ordained by the Lords
* and Commons aflembled in Parliament, after
4 Advice had with the AfTembly of Divines con-
4 veened at Wejiminjier, that the refpeftive Clafli-
4 cal Prefbyters within their refpeftive Bounds,
' may examine, approve, and ordain Prefbyters,
4 according to the Diredory for Ordination and
4 Rules of Examination hereafter exprefTed :
/>>/?, * He that is to be ordained muft addrefs
« himfelf to the Prefbytery, and bring with him a
1 Teftimonial of his taking the Covenant of the
4 three Kingdoms, and of his Diligence and Profici-
' encyin his Studies; what Degrees he hath taken
4 in the Univerfity, and what hath been the Time
* of his Abode there; and, withall, of his Age,
4 which is to be twenty-four at theleaft; but efpe-
4 cially of his Life and Converfation.
Secondly, < The Prefbytery fhall proceed to en-
4 quire touching the Grace of God in him, and
4 whether he be of fuch Holinefs of Lif is is re-
4 quifitein a Minifter of the Gofpd ; and to ex-
* amine him touching his Learning and Sufficien-
* cy
7 8 The Parliamentary
. 12 Car. I. < cy, and touching the Evidence of his Calling t&
*64-6. ^ < the holy Miniftry; and in particular his fair and
* diredl Calling to that Place to which he is de-
^ugmt. , ,,
6 iign d«
The Rules fir EXAMINATION are tkefe:
I» * That the Party examined be dealt, with fri
* a brotherly Way, with Mildnefs of Spirit, and
' with fpecial Refpe& to the Gravity, Modefty,
* and Quality of every one*
2. * He fhall be examined touching his Skill irt
* the original Tongues, and that Trial to be made
' by reading the Hebrew and Greek Teftamcnt,
* and rendering fome Portions of them into Latin j
* and Inquiry alfo {hall be made after his Know-
c ledge and Skill in Logic, Philofophy, and other
* Learning,
3. ' It (hall be required what Authors in Divi-
* nity he hath read and is belt acquainted \vith$
* and whether he hath read and obferved tne Ec-
« clefiaftical Hiflory; and what his Skill is iri
* the Chronology of Holy Scripture.
4 * Trial fhall be made of his Knowledge in
* the chief Grounds of Religionj and of his Abi-
* lity to defend the orthodox Do&rine contained
' in them againft all unfound and erroneous Opi-
* nions, efpecially thofeofthe prcfent Age; alfo
* his Skill in the Meaning of fuch Places of Scrip-
* ture as fhall be propofed to himj alfo of his
* Judgment in Cafes ol Confcience.
5. ' If he hath not before preached in public
* with Approbation of fuch as are of Ability ta
* judge, he fhall, at a competent Time affigned
* him, and before the Prefbytery, preach a Ser-
1 mon upon fuch a Place of Scripture as fhall be
* given him.
6. ' He fhall, in a competent Time alfo, frame
' aDifcourfe in Latin upon fuch a common Place
* or Controverfy in Divinity as fhall be afligired
« him, and exhibit to the Prefbytery fuch Thefes
* as exprefs the Sum thereof, and maintain a Dif-
* pute upon them 3 alfo he fhall preach before the
< People |
of E N G L A N D. 79
* People; the Prefbytery, or fomeofthe Miniflers An. aa Car. I«
* of the Word appointed by them, "being prefent. *646- ^
7. ' The Proportion of his Gifts, in relation Auvuft4
« to the Place to which he is called, fhall be con-
« fidered.
8. ' Befules the Trial of his Gifs in Preach-
' ing, he fliall undergo an Examination in the
* Premifles two feveral Days or morej if the Pref-
* byteryftiall judge it neceflary.
Thirdly , ' After which he, being approved^ is to
* be fent to the Church or Place where he is to
* ferve, if it may be done with Safety and Conve-
4 niency, there to preach three feveral Days, and t<*
* converfe with the People, that they may have
' Trial of his Gifts for their Edification, and may
' have Time and Leifure to inquire into and the
' better to know his Life and Converfation.
Fourthly^ * In the laft of thefe three Days ap-
' pointed for the making known of his Gifts in
6 preaching, there fliall be fent from the Prefbytery
' to the Congregation a public Inftrument in W,ri-
* ting, which fhall publickly be read amongft the
* People, and after affix'd to the Church-Door, to
* fignify on fuch a Day any Member of the* faid
' Congregation, or any other Perfon whatfoever,
' may put in, with all Chriftian Difcretion and
* Mecknefs, what Exceptions they have againft
4 him, before the Prefbytery fliall proceed to Or-
* dination.
Fifthly^ * Upon the Day appointed for Ordina-
c tion, which is to be perform'd in that Church
* where he that is to be ordained is to ferve, if it
* may be done with Safety and Conveniency, a-fo-
' lemn Fafl? fliall be kept by the Congregation, that
' they may the more earneftly join in Prayer to
' God for a BlefSng upon the Perfon and Labour
* of this his Servant, folemnly to be fet apart to
* the Office of the Miniftry for their Good; the
4 Prefbytery fhall come to the Place, or fome Mi-
« nifter-s of the Word, five at leaft, fhall be fsnt
* from the Prefbytery, whereof one {ball preach
' to
An. az Car. I.
1646
Auguft.
The Parliamentary HISTORY
to the People concerning the Office and Duty
of the Minifters of Chrift, and how the People
ought to efteem him for his Work's Sake.
Sixthly^ ' After the Sermon is ended, the Mini-
fter that hath preached {hall, in the Face of th£
Congregation, demand of him who is now to be
ordained concerning his Faith in Chrift Jefus,'
and his Perfuafion of the Reform'd Religion ac-
cording to the Scriptures, his fincere Ends and1
Intentions in defiring to enter in this Calling, his
Resolution to ufe coriftant Diligence in Prayer,
Reading, Meditation, Preaching, Miniftring thd
Sacrament, and doing all Minifterial Duties to-
wards his Charge, with his whole Defire, as irf
the Prefence of God, fo as may moft further
their Edification 2nd Salvation ; his Zeal and
Faithfulnefs in maintaining the Truth of the
Gofpel and Purity of the Church againft Erro*
and Schifm ; his Care that himfelf and Family
may be unblameable and Examples to the Flock,
and that his tull Purpcfe is to continue in his
Duty againft all Trouble and Perfecution.
Seventhly^ ' In all which having declared him-
felf, profefled his Willingnefs, and promifed his
Endeavour, by the Help of God, the Minifters
fent from the Prefbytery (hall folemnly fe, him.
apart to the Office and Work of the Miniftry,
laying their 'Hands upon him, with a fhort
Prayer or Bleffing to this Effect :
Thankfully acknowledging the great Mercy of
Cod in fending Jefus Chrifi for the Redemption
cf his People^ and for his Ajcenfion to the Right .
Hand of God the Father ', and in the pouring out of
his- Spirit, and giving Gifts to Men^ Apojihs, Evan-
gelijls* Prophets^ Pajlors^ and Teachers^ for the
gathering and building up of his Church^ and fdr
fitting and inclining this Man to this great Work ;
and to lefeech him to fill him with his Holy Spirit,
•vubo, in his Name, we fet apart to this Idy * e:- vise,
to fulfil the Work of the Mini/fry in ,/// Things*
that he may both fave himfelf and the People cort-
mitted to his Charge,
< Eighthly f
^ENGLAND. 81
Eighthly, c This, or the like, Form of Prayer or An. 21 Car.
' Bleffing being ended, let the Minifter who t *^°'
* preached briefly exhort him to confuier of the Aujuit.
' Greatnefs of his Office and \V.;r!;; the Danger .
' of Negligence both to himfelf and his People;
* the Blemng which will accompany his Faithful**
4 nefs in this Life and that to come.: Withal let
' him exhort the People, and charge them in the
' Name of God, willingly to receive and acknow-
' ledge him as the Miniiter of Chrift, and to main-
' tain, encourage, and affift him in all the Parts of
* his Office ; and fo, by Prayer, commending both
' him and his Flock to the Grace of God, after
' the Tinging of a Pfalm, let the AfTembly be dif-
' miffed with a Bleiling.
Ninthly, * Let fuch as are appointed for the
* Service of the Army, Navy, College, or other
* Charge, be ordained as aforefaid in fuch Cljurch
< as the Claflical Prefbytery, to which they {hall
< addrefs themfelves, fhall think fit ; and fuch Al-
< teration made, by the Minifies that ordain them,
' from the Exhortation laft befbfc prefcribed, as
« the Circumflances of Place and Perfcn fhall re-
' quire.
Tenthly, ' Let every one who is appointed for
4 any Place or Congregation, not being at that
« Time within the Bounds of any Claflical Pref-
* bytery, be ordained by that Claflis of Prefbyters
' which he {hall addrefs himfelf unto, or by five,
' or any greater Number^ of the Minifters of the
' Word to be ferit from that Prefbytery ; which
' Ordination is to be perform'd according to the
' Rules and Directions before prefcribed, as far
' as with Safety and Convenicncy may be.
4 And be it further ordained by the Lords and
' Commons, That every Perfon formerly ordained
* as a Pre{byter, according to the Form of Ordi-
* nation which hath been held in the Church of
* England, and is to be removed to another Charge,
* do bring to the Prefbytery where he is to be placed,
' if there be any, and, if not, then to fome other
' Prefbytery, a Teftimoniai of his Ordination, and
VOL. XV. F 'of
ne Parliamentary HISTORY
of his Abilities and Converfation, whereupon his
Fitnefs for that Place to which he is to be rema-
' ved fhall be tried by his preaching there ; and,,
if it fhall be judged neceflary, by a further Exa-
' mination ; and fo, without any new Ordination,.
c he fliall be admitted, if he be approved as fit for
' that Place : And if any. Perfon ordained a Mini-
*• fterin Scotland, or iaany other Reform'd Church,
* be defrgn'd to a Congregation in England, he is
' to bring from that Church to the Prefbytery
*• where he is to be placed, if there be any, and if
* not, then to fome other Prefbytery, a fufficient
* Teffimonial of his Ordination, of his Life and
' Converfation while he lived with them, and of
' the Caufes of his Removal ; and to undergo
' fuch Trial of his Fitnefs and Sufficiency, and
' to have the fame Courfe held with him in othfjr
*• Particulars as is fet down, in the foregoing Rule
*• and Provifion, touching the Examination and
c Admiffion of Perfons formerly ordained in Eng-
«• land.
« And it is farther ordained, That Records be
*" carefully kept by the Regifter to be nominated
' by the Prefbytery, of the Names of the Perfons
* ordained, with their Teftimonals of the Time
* and Place of Ordination, and of the Miniflers
' who did ordain them, and of the Charge to
c which they are appointed ; and that no Money or
* Gift of what Kind foever fhall be received from
* the Perfon'to be ordained, or from any on his
c Behalf, for Ordination, or ought elfe belong-
* ing to it, by the Prefbytery, or any appertaining-
* to any of them, upon what Pretence foever, ex-
c cept to the Regifter for the Entry, Inftruments,
* and Teftimonials of his Ordination, which fhall
* not exceed the Sum often Shillings for each
« Perfon ordained.
' And it is further ordained, That all Perfons
* who (hall beordained Prefbyters according to this
* Directory, fhall be for ever reputed as authorized
* Minifters of the Church of England, and as
< capabifr of any miaifterial Employment in the
' Church*
0f ENGLAND. 83
Church, with the Rights and Profits belonging An- « 6Car-
thereunto, as any other Prefbyters whatfoever al- t ' 4 '
ready ordained, or hereafter to be ordained; and Ausufi.
all Prefbyters who are hereby authorized to
ordain, and {hall, according to this prefent Direc-
tory, ordain anyone or more Prefbyters, are here-
by declared to perform an acceptable Service to
this Church and Kingdom, and (hall have the
Protection of both Houfes of Parliament for their
Indemnity ; and what Prefbytery foever, being in
due Manner defired, {hall, without juft Caufe,
refufe or defer to ordain any Prefbyter, who, by
the Rules and Directions of this Oidinance, ought
to be ordain'd, orfhall neglect to obferve the So-
lemnity of Ordination in that decent, grave, and
godly Manner as is meet, it is hereby declared
they are guilty of a very great Offence, and deferve
fevere Punifhment. Provided, That this Ordi-
nance fhall ftand in full Force for three Years?
and no longer.'
The laft Propofitions for Peace fent to the King
having met with no better Fate than thofe which
had been formerly offered to him, his Majefty's
Anfwer to them we find was after the flrft Read-
ing, not the leaft taken Notice of by either Houfe
of Parliament. During the Commiffioners Stay
at Newcaftle, the Earl of Loudon, Lord-Chancelr
lor of Scotland, addrefs'd himfelf to the- King in
the following Speech (») :
May it pleafe your
* XT' OUR Majefty was pleated, on Monday laft,
\ to call the Lords of your Privy-Council of The Earl of
Scotland and the Committee, to acquaint them with London's Speech
the Propofitions ; and told them, That before the £Sg *?/!£
Delivery of your Anfwer you would make the fame fent to the Pro-
known to them. The Time afiigned for the Stay p°fa«»»f«
of the Commiffioners is fo fhort, and the Confe-
F 2 quence
(n) From the Edinburgh Edition, printed by Evjtn Tyler, the
King's Printer.
84 $&* Parliamentary H i s T o R r
'An. 22 Car.- -T, quence of your Majefty's Anfwer is of fo grea^
v l645 ' _• lmPortance> either for the Prefervation or Ruin
A v j^ of your Crown and Kingdoms, as we could not be
anfwerable to God, nor to that Truft repofed in us,
unlefs we reprelent to your Majefty how neceflary
it is (as the Condition of Affairs now ftand, and
in fo great an Extremity) that your Majefty (hould
afTent to the Propofitions, and that the Danger and
Lofs of your Refufal will be rcmedilefs, and bring;
on fudden Ruin and Deftruilion.
* I lhall begin firft with the laft, which is the
Danger, and fnall next fpeak-a Word oftheRe-
medy. The Dirlerences between your Majefty
and your Parliament (which no Man knows better
than your ftlf) are grown to fuch a
Height, that, arter fo many bloody Battles, there is
r.o Cure bat a prc lent Peace ; othenvife nothing carv
he expected but certain Deftruclio.n. The Parlia-
ments potfefled of your Navy, and of all the Forts,
Garrifons, and Strong-holds of the Kingdom:
They have the Excife, Aflefirnen'ts, and Sequeftra-
tions at their Difpofal, and have Authority to raife
all the Men and Money in the Kingdom ; and,
after many Victories and great Succefies, they
have a ftrong Army on Foot, and are now in fuch
a Pofture for Strength and Power, as they are in a
Capacity to do what they will both in Church and
State : And fome are fo afraid, others fo unwilling,
to fubmit themfelves to your Majefty's Govern-
ment, as they defire not you, nor any of your
Race, longer to reign over them : Yet the People
are fo wearied of the Wars, and great Burdens
-they -groan under; are fo defirous of Peace, and
loath to have Monarchical Government (under
which they have lived fo long in Peace and Plenty)
changed, that fuch as are wearied of your Ma-
jefty's Government, dare not attempt to caft it
totally off till once they fend Propofitions of Peace
to your Majefty, left the People (without whofe
Concurrence they arc not able to carry on their
Defign) fhould fall from them. And therefore all
the
rf E N G L A N D.
the People beingdefirous, that, after fo great Wars An
and Troubles, they may have a perfect Security
from Opprcfllon and arbitrary Power, the Houfes
of Parliament have refolved upon the Proportions
which are tendered to your Majefty, as that with-
out which the Kingdom and your People cannot
be in Safety ; and moft Part of the People think,
That there cannot be a firm Peace upon any other
Terms.
* Your Majefty 's Friends, and the CommifEoners
from Scotland, after all the Wreftling they could,
were forced to confent to the fending of thofe Pro-
pofitions, or to be hated as the Hinderers of Peace,
and to fend no Proportions at alL And now, Sir,
if your Majefty, which God forbid, (hall refufe
to aflent to the Propofitions, you will lofe all
your Friends, lofe the City and all the Country,
and all England will join againft you as one Man;
and (when all Hope of Reconciliation is paft) it is
to be feared they will procefs and depofe you, and
fet up another Government ; they will charge us
to deliver your Majefty to them, and to render ths
Northern Garrifon, and to remove our Army out
of England-, and upon your Majefty's refufmg the;
Propofitions, both Kingdoms will be conftraincd,
for their mutual Safety, to agree and fetile Reli-
gion and Peace without you; which, to ourun-
fpeakable Grief, will ruin your Majefty and your
Pofterity. And if your Ma>f y reject our faithful
Advice, (who defire nothing on Earth more than
the Eftablimment of your Majefty's Throne) and
lofe England by your Wilfulnefs; your Majefty
will not be permittted to come and ruin Scotland.
' Sir, We have laid our Hand upon our Hearts ;
xve have afk'd Counfel and Direction from God, and
have had our moft ferious Thoughts about the Re-
medy ; but can find no other (as Affairs ftand for the
prefent) to fave your Crown and Kingdoms, than
your Majefty's Affenting to the Propofitions. We
dare not fay but they are higher in fome Things (if
Jt were in our Power and Option to remedy it) than
F 3 " we
86 T^e Parliamentary HISTORY
A». =1 Car. I. we J0 approve of: But when we fee no other Mean*
«• l6*6 _J f°r cu"ng tne Diftempers of the Kingdoms, and
Auguft. clofin* the Breaches between your Majefty and
your Parliaments, our moft humble and faithful
Advice is, That your Majefty would be gracioufly
pleafed to aflimt to them, as the only beft Way to
procure 2. fpeedy and happy Peace ; becaufe your
Majefty (hall thereby have many great Advantages;
you will be received again in your Parliament,
with the Aoplaufe and Acclamations of your Peo-
ple; by your Royal Prefence your Friends Willis
ilrengthened ; your Enemies (who fear nothing fo
much as the granting of the Propofitions) will be
weakened; your Majefty will have a fit Opportu-
nity to offer fuch Propofitions as you (hall, in your
Wifdom, judge fit for the Crown and Kingdom ;
all Armies will be difbanded ; and your People
finding the fweet Fruitb of your peaceable Govern-
ment, your Majefty will sain their Hearts and Af-
feclions, which will be your Strength and Glory,
and will recover all that your Majefty hath loft in
this Time of Tempeft and Trouble. And if it
pleafe God fo to incline your Royal Heart to this
Advice of your humble and faithful Servants, who,
next to the Honour of God, efteem nothing more
precious than the Safety of yourPerfon and Crown,
cur Adions (hall quickly make it appear to all the
World, That we efteem no Hazard too great for
your Majefty's Safety, and that we are willing to
Sacrifice cur Lives and Fortunes for eftablifhing of
your Throne. And now, Sir, we proftrate ourfelves
at your Majefty's Feet, and, in the loweft Pofture
of Humility, do beg, That your Majefty may, in
the End, grant the Suit of your moft humble Ser-
vants and faithful Subjects, who have no private
Aims, but only the Glory of God, and Safety of
your Majefty's Perfon, Pofterity, and Crown be-
fore our Eyes. And the Granting of our Defircs
will revive our fainting Spirits, refrefli our fad
Hearts, which are overwhelmed and like to break
v/hh Sorrow, and will turn the Prayers antf Tears
ofr
^ENGLAND. 87
of the many Thoufands of your People in Pfaifes An. « Car. I.
to God, and make them embrace your Majefty ) _ ^
with Acclamations of Joy.'
Mr. WTj'itlocke obferves on this Occafion(a), That The King's
the King did not abfolutely refufe to pafs the Pro- Reafons for hw
pofitions, but faid to the Scots Commifiioners, Rcfui"»1'
•who prefled him to it, ' That he hoped the Par-
liament would give him a Hearing ; which, for
better Accomodation, he defired might be near
London ; and doubted not, after a full Hearing, he
fhould not only give but receive Satisfaction.'
But his Majefty's Refolution not to give up Epif-
copacy in Church-Government, which he had
fworn at his Coronation to fupport, was fo fix'd
and determined, that neither adverfe Fortune nor
Argument could prevail upon him to yield in this
Particular; although the famous Scots Divine, Mr.
Alexander Henderfon, came to Neiuca/lle> in or-
Jer to perfuade the King to comply with the Com-
miflioners Propofals for eftablifhing of Prefbytery.
All the Papers pro and con in this Cpntroverfy,
collected together, are extent at this Day (/») ; anjl,
as Rujhworth remarks (r), * fully (hew his Ma-
jefty's great Abilities at a Time when he could
not have the Afiiftance of any of his Chaplains.'
Mr. ZK^W; writes (</), ' That another Reafon for the
King's refufing his Confent to the Proportions, be-
fides his Adherence to Epifcopacy, was, That he
had private Encouragement from Ibme of the Scots
and Englijh^ to expect more eafy Terms, or to be
received without any at all.'
September i. The Scots Commiffioners having
prefented their Anfwer to the Englijh Eftimate and
Exceptions, which we have already given, as alfo
to the Commons Otter of 300,000 /. and the fame
being twice read, a Motion was made for taking
F 4 the
(a) Meir.srialt, p. aiy.
(b) In Roy/ion's Ediuon of the Kir.p's Workt, and fereral othcx
pollettions.
(c) CaUtfiioat, Vol VI. p. jai, (f) Mimtirt. Val. I. p. 18 v
88 ' 7^ Parliamentary HISTORY
A«. *» Car> '• the fame into prefent Confideration, which was a-
^ ] 3_'_, greed to by a Majority of 129 againft 106 : And
September, then the Queftion which had been rejected a few
Days before for adding a fourth ioo,ooo/. was
A fourth Sum of carried by 140, againft 101; but^the Common*
joc.ooc/. voted refolved to adhere to their former Votes, as to the
for the Scots Ar- Time and Manner of the Payment of the 3co,ooc/,
tut Times of ~ alrea<ty voted; and that the Time for the Pay-
Payment, ment of this laft iop5occ/. now voted, fhould be
at the End of twelve Months, to be accounted
from the Time aifigned for the Payment of the
laft IOO,OOO/. of the 300,0007. formerly voted.
And this Refolution, as the former ha.d been, was
ordered to be communicated to the Scots Comr
miflioners, and their immediate Anfwer required ;
which being the next Day reported by Sir Henry
Vane, jun. the Commons again refolved to adhere
to their former Votes, as to the Time and Man-
ner of the Payment of the 400,000 /. to the King-
dom of Scotland; that fuch Members of their
Houfe as were of the Committee of both King-
doms, or any four of them, do, that Afternoon,
' communicate the faid Refolution to the Scots Com-
miifioners, and offer to them Reafons why the
Houfe doth adhere to their fprmer Votes ; to con-
fer with them about the Place for receiving of
their Money; and to declare unto them, that it is
cxpe&ed that, upon the Payment of the firft
j 00,000 /. as' afqrefaid, their Armies and Forces
<3o march out of this Kingdom. But,
On the 4th of this Month, the Scots Commif-
fioners, not fotisBed with thefe Rcfolutiuns of the
Commons, j.ixfaued the. following Papers to- the
' Houfe of Lords, avid relied to their Speaker, which
>vc give from ilicir journals:
Their Commit -Right Honourable,
fioner* offer Re* « ir T PON the nth of Auguft we delivered ir
SStbe°pr±t - ' V a Paper ta both Houfes, declaring the Wil-
Payment of ' lingnefs of the Kinedcm of Scotland to recall theii
ooo,coo/. * Army cut bfili&lCingdomj and furrender thi
« Gar
of E N G L A N D.
* Garrifons poffefled by them, reafonable Satisfac- Aa-
* tion being given for their Pains, Hazard, and ,
' Charges, and we now defire your Lordfiiip to
* communicate the Papers here inclofed to the
' Houfe of Peers, and we remain
Woraflir Houff, Your Lorciffjip's Servants*
£./.. j, i6-Te.
LOUDON, C. ERSKINE,
ARGYLE, H. KENNEDY,
LAUDERDALE, R. BARCLAY.
W. HOUSTON,
A Paper of the Scats Commiflioners, touching
their Army and their Pay, was read.
Sept. 2, 1646.
* ''STTHereas we delivered in to the Honourable
' W Houfes a Paper of the nth of AuguJ^
' containing feveral Particulars of high Concern-
' ment and great Importance to the Peace and
* Safety of thefe Kingdoms ; and we have received
c the Vote of the Houfe of Commons concerning
* that Part thereof for Satisfaction to the Army :
' That the Refolution of the Honourable Houfes
* upon the reft of the Papers, upon which fo much
' depends, maynot be retarded by any Differences
' concerning Satisfaction to be given to our Army :
* and to evidence our Senfe of the Burdens of this
' Kingdom, we are willing to accept, as the low-
' eft Sum that can poflibly give any Satisfaction,
* or whereunto we can condefcend, the Sum of
' 400,0007. of which 2OO,ooo/..at leaft, to be paid
' and delivered to the Treafurers of the Army at
* Ne^wcaftle^ before their marching away j and the
« other 2oo,ooo/. to be fecured in fuch Manner
< and paid at fuch Times and Places, as (hall be
« agreed upon; which we hope the Houfes will
< think moft juft and reafonable, confidering that
t the Kingdom of England, which, at the firft
t Time of our Engagement in this War for their
Affiftance, was in "the grcateft Diftrefs, is now,
by the Blefling of God, by the Endeavours and
* Force?
90 The Parliamentary HISTORY
An. 22 Car. I. « Forces of both Kingdoms, relieved and eafed t
L I*46' ^ ' whereas the Kingdom of Scotland^ at that Time
September. * *n Peace and Profperity, hath been, by this War,
* involved in greater Calamities and Sufferings
' than either we or our Fathers have^formerly felt;
•* and whoever will make a due Comparifon, can-
* not but know how much England is made better,
* and Scotland worfe, by their Engagement in this
* War; confidering alfo that our~Army in this
* Kingdom have ferved near three Years, be-
* fides thofe in Scotland who ferved near two
* Years in that Kingdom; that they have, for the
e Space of five Months, had no Pay ; and when
* they were paid, it was not according to the Pay
* of other Armies, our Foot, for divers Months
* together, not having received above a Penny
' Halfpenny per Diem ; which they were the more
« willing to bear, in hopes of due Satisfaction and
* Recompence in the Conclufion. And now if
« they fliould be fo far fruftrated of their Expe&a-
* tions, as to be difmiffed in a far worfe Condition
* than when they came into this Kingdom, (for
* they came extraordinarily well provided both for
* Arms and Money, to the great Charge and Ex-
* pence of our Nation) and withall to find their
* own native Country in a much worfe Condi tiori
* than they left it, they would certainly fee them-
« felves ill recompenfed ; and therefore, after the
« Army itfelf hath ferved fo faithfully, and their
< Country hath fuffered fo extremely for their En-
* gagement with this Kingdom, we .cannot expect
* but to fend home an unfatisfied and difcontented
« Army into a ruined and impoverifhed Country,
* will be far from the Thoughts of the Honourable
« Houfes. But if, after we have fo freely, plainly
« and clearly acquainted the Honourable Houfes
* with the leaft Sum that can poflibly give Satis fac-
' tion, our Offer (hall not be accepted, we defire
* that the Houfes would be pleafed to appoint a
« Committee to concur with the Committee of the
« Parliament of Scotland, for the prclent adjuftingof
< our Accounts 3 whereujUo we have ever been moft
4 willing
^ENGLAND. 91
willing fince the coming of our Army into this An- 21 Car-
Kingdom, to the end that juft Satisfaction may . * * ' ,
be made : Accordingly we do, with all Earneft- September,
nefs, defireand expeCtthat the Honourable Houfes
will fo accelerate their Refolutions concerning the
Satisfaction of our Army, that they may, without
further Delay, proceed to the Confidcration of the
Remainder of our Paper of the nth of Auguft ;
that, by joint Advice, a final End may be put to
thefe unnatural Wars, all Occafions of Difcord
may be wifely prevented for the future, and con-
ftant Unity and Amity preferved between the
Kingdoms.'
By Command of the Commijfioners for the Parlia-
ment $/" Scotland.
JOHN CHIESLEY.
A fecond Paper of the Scots Commiflioners
was read.
' \T7^ ^aye rece'vc^ tne Votes of the Ho-
' W nourable Houfe of Commons, of the firft
* of September, wherewith we reft f ' isfied, as to
* the Sum, with the greater Contentment that our
' Agreement in this is unto us a Ground of Con-
* fidence there (hall be in all other Things a happy
* Accord between the Kingdoms; only, again,
' we are neceifitated to prefent unto this Honour-
' able Houfe, that a lefs Sum than 200,000 /. for
' the prefent, cannot give Satisfaction to the Army;
' and, befides the Reafons formerly mentioned, we
' do earneftly intreat the Houfes to confider that .
' we are limited by pofitive InftruCtions not to ac-
* cept of a fmaller Sum. And further, the Com-
' mittee of Eftates of the. Kingdom of Scotland^
c upon Sight of our Paper oftheiSth of Augujl,
4 (wherein v/e had intimated to the Houfes that that
c Sum might poflibly give Satisfaction to the Army)
' have repeated their former IndlruCtions, with
* exprefs Directions that we (hall upon no Terms
* accept of a lete Sum than 2C03ooo/. for the pre-
* fent:
. 'The Parliamentary H i s T o R r
fent; but ufc all our Endeavour for more, in re~
gard of the urgent and preffing Neceflities of the
September. Army. This being the real and true State of
the Bufinefs, the Intereft of the fecond hundred
thoufand Pounds is but a fmall Lofs, and the Ho-
nourable Houfes can afford many Ways of Se-
curity to raiie it, which is no ways in our Power
to do: Whereas, on the other Part, the Preju-
dice by Delay and Expence of Time in repre-
fenting this to the Committee of Eftates and Ge-
neral Officers with the Army, and to the Com-
mittee of Eftates in Scotland^ muft needs be
great; and we, being limited by pofitive Inftruc-
tions and renewed Directions, have no Hope "to
obtain it : Wherefore it is our earneft Requeft to
the Honourable Houfes, that they would be
pleafed to agreee to the advancing of 200,000 /.
before the Removal of our Army ; that the Means
may be effectual for the End, and the common
Defires of both may not, upon fo fmall a Dif-
ference, run the Hazard of being fruftrated and
difappointed.
e Concerning the Times of Payment, and Se-
curity to be given for the Remainder, we defire
to have a Conference with fuch as the Honour-
able Houfes fhall appoint, wherein we fhall ufe
our beft Endeavours to give Satisfaction.
By Command of the CommiJJtoners for the Parlia-
ment of Scotland.
JOHN CHIESLEY.
A third Paper from the Scots Commiflioners
was read.
Sept. 4, 1646.
* \T/E do return this Anfwer1 to the Votes of
* W the Honourable Houfe of Commons of
« the fecond of this Inftant, That our earneft DeT
* fire to entertain a good Underftanding between
« the Kingdoms, and to" accelerate the fettling
< of all Affairs between them, moved us to go
< upon the total Sum, though in Equity and Juftice
* a far
of E N G L A N D. 93
(* a far greater Sum might have been exposed; An* " F"1
and the fame Affection and Zeal did induce us i * * '_' ,
freely to^exprefs what was the leaft Proportion September,
of that Sum that might, for the prefent, give Sa-
tisfaction to the Army before the Removal of it
out of this Kingdom ; which, upon ferious Con-
fideration of the Reafons formerly given, will
clearly appear to be juft and neceflary ; for, up-
on mod accurate Inquiry, 20O,OOO/. was found
to be the leaft Sum that could poffibly give Sa-
tisfaction for the prefent j whereupon Inftruc-
tions were given us, with pofltive and exprefs
Limitations, upon no Terms to accept of lefs,
but to ufe our beft Endeavours for a greater ;
and, obferving the Truft committed to us, we
cannot recede from what we have, with very
great Freedom and Plainnefs, already declared :
Wherefore, fith it is impoflible with a fmaller
Sum to give Satisfaction to the Army, which is
extreme neceflitous for the prefent, and upontheir
difbanding may bedifperfed into feveral Nations,
whereby they cannot attend for further Satisfac-
tion: And fmce there are fo many Ways and
Means in the Power of the Houfes for to raife
the fame, whereof fome were reprefented in Con-
ference, we cannot but expect that the Honour-
able Houfes, in Juftice to fatisfy an Army that
has done and fuffered fo much for them, out of
their earned Defire to relieve the North of this
Kingdom of their heavy Preflures, and that our
common Defire of removing that Army out of
this Kingdom may not be fruftrated, will effec-
tually apply themfelves to the readieft Means •
which may advance the Sum defired.
' Concerning the Place of receiving of the Mo-
nies ; we defire it may be confidered that, when
Inftrudtipns were given us about that Particular,
the Committee of the Eftates of the Kingdom of
Scotland did not call it in Queftion but that the
fame Way would be obferved as was in the Year
1641 : But if our Defire to have the Monies de-
livered at Nnutajlle give any Ground of Jea-
' loufy
94 T&- Parliamentary H I s TOR Y*
An. a 2 Car. i.< ]0ufy or Suspicion, we are confident, the Sum
v * * , ' i upon, and AiFurance being given for
September. ' tu- .iicrcof, the Committee of Eftates
4 would agree to fome convenient Place between
4 AVzwY7/?2?and Scotland where it may be received j
* and before the Receipt of it, to deliver up New-
4 caftle to fuch as the Parliament (hall appoint :
* And if there be any Doubt concerning the Sur-
4 render of the other Garrifons and ^Removal of
* the Army out of this Kingdom, although fuch
4 has been their Integrity as they have given no
4 Occafion for fuch Sufpicion; and although there
* be many more Grounds of Confidence, from the
* Covenant and Treaty, than was the laft Time an
* Army from Scotland was in this Kingdom ; yet
4 that all Scruple may be removed and Jealoufy
* cured, there is nothing ufed in the like Cafes a-
4 mong other Nations which {hall not be willing -
4 ly granted ; and though when the Sum prefently
* cleared is paid, there will ftill remain in the
* Hands of the Kingdom of England great Sums
* of Money due to the Kingdom of Scotland,
* which of itfelf might be a fufficient Security -t
4 yet, as we have before exprefied, the Sum being
* agreed upon, and Aflurance giveh for Delivery
* thereof, and Security for Payment of the Re-
4 mainder, we make no Doubt but whatfoever Af-
4 furance can in reafon be demanded, will freely
4 be granted by the Committee of Eftates with the
4 Army and by the General Officers, as to their
4 Removal out of this Kingdom and Surrender of
4 all the Garrifons, Berwick and Carlifle being dif-
. * pofed of according to the Treaty between the
4 Kingdoms ; all which may be fo done, as needs
4 not to be any Hinderance to the prefent providing
4 of the Sum defired, nor to any other Proceedings,
4 fince all the Particulars concerning mutual Af-
4 furance may eafily be tranfa&ed while the Mo-
4 ney is providing.
£y Command of the CommiJJioners for the Par-
liament ^/"Scotland.
JOHN CHIESLEY.
5 The
^ENGLAND. 95
The Lords ordered all the foregoing Papers to An. 22 Car. *.
te communicated to the Houfe of Commons, t 164.6. ^
which was done accordingly : And the next Day, September.
September 5, the fame being read there, a Mo-
tion was made for adhering to their former Votes, x^hkh being
as to the Time and Manner of the Payment of communicated t»
the 400,000 /. to the Kingdom of Scotland; bat tth* cr°jj™°^
it palled in the Negative, by H2 againft 102. Im-^^ °h?t Sum
mediately after which a Committee was appointed of the city of
to go to, and to have Power to treat with, the L0!uloft-
Lord Mayor, Aldermen, and Common-Council
of the City of London, or any other Pcrfons,, for
borrowing 200,000 /. as foon as might be, for the
Service of the State ; to confider of all Ways and
Means for raHing of the faid Sum, and to offer
Securities for the fame.
It was alfo ordered that fuch Members as are of
the Committee of both Kingdoms, do confer with
the Scots. Commiilioners, and receive Satisfaction
from them concerning the Delivery up of the,
Garrifons, and the Marching of their Armies and
Forces out of this Kingdom j and to defire them,
if they want any Powers, that they would fpeedily-
procure the fame from, the Kingdom of Scotland $
to the end the Delivery up of the Garrifons, and
the Marching away of their Armies and Forces,
may be afcertained between the two Kingdoms j
and like wife to declare, whether they have Inftruc-
tions to make any other Demands, before the
Marching away of their Forces j and, if they hare,
what thofe other Demands are.
Sept. 19. Mr. Holies reported from the Com-
mon-Council of London, their Anfwer to the Pro-
pofal for borrowing 200,000 L of that City.
Commune Concilium tent, in Camera Guildhalf,
Civitatis London, nono Die Septembris 1646.
4 ' I SHIS Court having received a Proportion
« X from the Honourable Houfe of Commons, * p"P°faI *<»
* by a Committee thereof, for the Advance
do humbly return this Anfwer :
'That
9 6 73k Parliamentary HISTORY
An. 22 Car. I. * That the beft\Vay, in their Opinion, to pro-'
l646- c cure rhe Advance of the frme is, That every
, Se tembsr ' Perf°n wk° katn advanced any Money, Plate, or
' Horfes, with their Furniture and Arms. -«-
e the Public Faith, may, for every Sum cf A'Joney
' he (hall further lend upon this new Proportion,
* be fecured a like Sum more out oi" the Receipts
' of the Grand Excife in Courfe, and the Sule of
* Bifhops Lands, which fhali fir ft happen,
' ther with Intereft after the Rate of 8 /. per Cent.
' 'per Ann. to be paid every fix Months out of the
' Receipts of the Excife, till Principal and Intereft
* be fully difcharged.
' As for Example : If there be owing; to any Per-
' fon'ioo/. Principal, v/hich, with Intereft due
' thereupon for three Years paft, will m;ikei24/.
' he, advancing 124 /. more, may be fecured for
c the whole 2487. as aforefaid, and fo proportion-
' ably for a greater or lefsS urn, and according to
* the Intereft due thereupon : And, for the more
* fpeedy reimburfing of the faid Monies fecured
" and lent upon this new Propofuion, thaf. the laid
' Lands of the Biihops be prefently inftalled and
* made over unto fuch Feoffees for the fpeedy Sale
* thereof, and fuch Treafurers for the Receipt of
* the Monies, as may give beft Satisfaction to the
* Lenders.
' And upon the Propofition and Security afore-
* faid, this Court will contribute their beft Endea-
' vours for the railing of the faid 200,000 /. if the
* Parliament in their Wifdom (hall fo think fit.'
Upon reading the foregoing Propofal from the
ity of London, the Commons having declared,
Commons, with That by the Words •Rljhop's Lands they did not
Thankt. intend that either Imprepriaticns or ddvowfans
fhould pafs, it was proppled to add Delinquents
EJlates, which was carried by 105 againft roo.
The Tellers for this Addition, Sir Arthur Hefdrlg
and Sir John Evelyn of /^V/j; againft it, Mr.
Holies and Sir P:> ';p Stapylion. And the Propofal
thus amended was accepted by the Houfe, who
of E N G L A N i). 97
Returned Thanks to the City for their ready AfFec- An. « Car. i.
tions exprefled in this Bufmefs.
After which a Motion being made for defiring
the Lords Concurrence with this Propofal from the
City, it was carried in the Affirmative by 82
Voices againft 64. The Tellers for the Queftion,
Sir John Trevor and Sir Philip Stapylton ; againft
it, Sir Peter ?Pentwortht and Gen. Cromwell.
We have been the more particular in fetting
down the Numbers on each Divifion, and the
Names of the Tellers on every Queftion, relating
to this Affair, not only from the Importance of the
Subject, but as thefe Particulars will greatly illu-
ftrate the fubfequertt Proceedings in regard to the
Scots delivering up the Perfon of the King to the
Englljb Parliament;
On thei4th of this Month died, the Parliament's The beatk of thi
late General, the Earl of Effex. The Houfes
being informed thereof the next Day$ they im-
mediately adjourned, In Senfe 6f the fad Lofs of
the Earl of Eflex, a Perfon of fucb eminent Worth
and Service to the Parliament ; as their Journals ex-
prefs it.
Although both Mr. Whitloch arid Mr. Rttjh-
ivortb mention the Death of this Nobleman, yet
neither of them acquaint us with the Manner of
Occafion of it ; which having been much contro-
verted, we fhall give the Sentiments of lome other
Contemporary Writers on that Subjecl;
One ofthejokrnafi/h (</) of thefe Times tells us;
< That this Day died the Nobie Earl of E/ex, one JJ
that flood up for, and was conftant unto, the In- £orary writer-
tereft of England \ and fo continued, when others thereupon,
turn'd* and turn'dj and turn'd again. Ke was but
a fmall Time ill, of a healthful Conftitution, and
died of an Apoplexy/
Another exprefles himfelf in this Manner (£),
* Some fay that this Earl died of art Apoplexy,
VOL. XV. G • fom*
(a) The ModtrnH Intefligitctr, No. go, p. 647.
ff) Miert -Ckrirnttn, Stfttfittr 14, annex'd to A'frnriis R*fii(nt<
• 98 The Parliamentary H i s f o R y
'An. 22. Car. I. fome of a Surfeit, others of the Plague, and many
t * *'___, thought he was poifon'd ; but whether he was or
September. ^^ ^ was confefled by all Men that he died fud-
denljrj and it is moft certain the Parliament fu-
fpecled him to harbour fome honourable Thoughts
of his Majefty, and that was Reafon enough to
kill him by one Means or other.'--The Truth of
this laft Aflertion we know not ; but thus much
appears from the Journals of the Commons, that
they look'd upon it as fo fcandalous a Reflec-
tion, that they appointed a Committee to find out
the Author and Printer of this News Paper.
Lord Clarendon (c] agrees with the laft Writer as
to the Rumour of theEarl's being poifon'd, and his
good Intentions towards the King; which laft he
imputes c to a Refentment of the Indignities himfelf
had received from the ungrateful Parliament, and
a wonderful Apprehenfion and Deteftation of the
Ruin he faw like to befall the King and the King-
dom ;' adding, ' That Cromwell and his Party were
wonderfully exalted with his Death, he being the
only Perfon whofe Credit and Intereft they fear'd
without any Efteem of his Perfon.'
Mr. Ludlow informs us (£), ' That the Earl's
Death was occafioned by his having over-heated
himfelf in the Chaca of a Stag in Windfor Foreft ;
and that it was a great Lofs to thofe of his Party,
who, to keep up their Spirits and Credit, procu-
red his Funeral to be celebrated with great Mag-
nificence, at the Charge of the Public.' By which
Manner of Expreflion, he feems to confirm the
foregoing Obfervations as to the Earl's Inclinations
towards the King. He alfo concurs with Lord
Clarendon's Opinion of Cromwell, faying, ' He
was perfuaded the Lieutenant-General had alrea-
dy conceived the Defign of dcftroying the Civil
Authority, and fetting up for himfelf.'
This Digreffion concerning a Nobleman, who
made ib great a Figure in the Tranfa£tions of
thefe
(r) Hiftory, 8w. Edition, Vd, V. p. 41.
, Vol. I. p. 185.
of E N G L A N D. 99
thefe Times, will, we prefume, be thought nei- An-
ther tedious nor unnecefiary (e}.
But betides the Lofs which the Lords had fuf- September
tained by the Death of this Peer, the whole Power
and Authority of that Houfe began now to totter. The Lords order
Lilburnes Attack againft this Body was not fingu- a Pamphlet,
Jar; there were many other Pamphlets publifhed wrote a8ainft the
about this Time, endeavouring to fap the Foun- burntf*' l°
dation of the antient Jurifdi6tion of the Peers.
One of thefe, particularly, was ccnfured the i6th
of this Month by the Lords, and ordered to be
burnt by the Hands of the common Hangman. It
had this bold Title, A Defiance again/I the arbitrary
Ujui'pations^ or Encroachments , either of the Houfe
of Lords^ or any other, upon the Sovereignty of the
Houfe of Commons the High Court of Judicature
of the Land; or upon the Rights^ Properties^ and
Freedoms of the People in general.
Sept. 24. A Meflage came up from the Com-
mons this Day, to put the Lords in mind of two
Votes concerning the Difpofal of the Perfon of
the King, which had laid before them a long Time.
The Lords ordered thefe Votes to be immediately
read, and went into a Committee to confider of
them; and, after a very long Debate, as the Jour-
nals exprefs it, the Houfe being renamed, the
Queftion was put, Whether the two Votes, as
fent up from the Houfe of Commons, mould now
pafs ,? the Numbers flood eleven and eleven. Then
a fecond Queftion was put, Whether the Houfe
mould fit. that Afternoon, and debate thisBufinefs
again ? and it palled in the Affirmative.
Accordingly, at the faid Time, it was again de- An<l agree to tw-»
bated, and the firft Vote being read In hxc Verba, commots^con-
' Refohed, upon the Queftion, That the Perfon ceming theDif-
of the King (hall be difpofed of as both Houfes of P"fal of «he
the Parliament of England mall think fit,' it was Klng'lP
G 2 agreed
(e) Septtmt>er 16. The Lords ordered a Writ to be fent to Sir Wel-
ter Devereux, Bart, te take his Seat in their Heufe as Vifcount
Hereford, that Honour defccniing to him by the Eafl of
Dc.th without I flue.
i oo l^e Parliamentary Hi s T o R v
An. a* Car. I. agreed to, the following Lords entering their
.. l64'6' i Names as diflenting thereto,
October. LINCOLN, WlLLOUGHBY,
SUFFOLK, HUNSDON,
BERKELEY, MAYNARD.
Then the next Vote being read, * Refohed, &fr.
That this Houfe doth declare, That whatsoever
Conference, Confultation, or Debate fhall be had
with the Commiflioners of Scotland, concerning
the Difpofal of the Perfon of the King, it (hall
not be underftood to be any Capitulation, in rela-
tion to retarding the March of the Scots Armies and
Forces out of the Kingdom, or of any Treaty be-
tween the Kingdoms concerning the fame :' And
the Queftion being again put, Whether this Vote
fhould fo pafs ? it was alfo carried in the A firma-
tive, without any Diflent enter'd againft it. A
Committee of fourteen Lords was likewife ap-
A Committee of pointed to confer, confult, and debate on the Sub-
both Houf"ojje~rjec~l of the foregoing Votes, with the Scots Com-
SS the Scots " miflioners ; and a proportionable Number of the
Commiffionerj Commons were defired to join with them, which
thereupon. they agreed to.
October. The chief Bufmefs of all this Month
was debating and difputing about the Difpofal of
the King's Perfon, in eonfequence of the fofego-
ing Votes ; the Commons pofitively aflerting it a^
the fole and abfolute Right of the Englijh Nation,
the King being in England; and the Scots Com-
miflioners as ftrongly inftfting on their Join Right
therein. The Arguments, on the Scots Side, are
entered in the Lords "Journals ; and were printed in
a fingle Pamphlet of this Time, which is in our
Collection, together with fome Speeches of thq
Lord Chancellor of Scotland, delivered at different
Meetings of the Englijh and Scots Commiilion-
crs for this Bufinefs. The Printer of this Pam-
phlet, we find, was afterwards queftioned for it in
the Houfe of Lords ; tho', upon proving that it wa*
licenfed by one Mablot, afligned to that Office, he
" was difmifTed. But that this Affair was more nar-
rowly
*/ ENGLAND. 101
rowly fearched into by the Commons, is certain An- ** Car. I.
from the Proceedings in their journals : For, upon t_' [ * ' j
a ftricl Examination of the Printers, they found that oftober.
the Preface to thefe Speeches, to be printed with
them, was given to Lawrence Chapman, aBookfeller,
by the the Lord Chancellor of Scotland1 s own Hand.
On which the following Obfervations were made :
Firft, That to have Arguments held forth to the
Kingdom, againft the Judgment of Parliament, in
Matters of this Importance, is not for the Good
of the Kingdom. Next, To have Arguments
printed all on one Side, and none of the other, is
not to deal fairly with the Kingdom. Laftly, To
defire the Lords, That a Committee may be ap-
pointed to join with one of their Houfe, to confidcr
of fome Way of righting the Houfes, and to prevent
Inconveniences of the like Nature for the future.
But the Scots, being aware of fome Impediment
to their Pamphlet in London, had taken Care to
have another printed, by the King's Printer, at
Edinburgh (/?) ; which, by comparing with the En-
tries in the Lords Journals, is found to agree ex-
actly, except as to the Lord Chancellor's Speeches;
which we here alfo fubjoin, in order to fet this
Argument in its full Light (b}.
'The LORD-CHANCELLOR of Scotland's firfl
SPEECH at a Conference, in the Painted-Cham-
ber, with a Committee of both Hoitfes, O<5t. 1,1646.
My Lords and Gentlemen,
* "TPHE End of this Conference is to advifcThcEarlofLoa-
JL what is fit to be done for the Peace and don't Speech
Security of the Kingdoms, in relation to the King,
G 3 ' a
fa) E-v*n Tyler.
(b) The Editor of thefe Speeches introduces them thus to the Rea-
der ; I underfland that the Right Hat. tbc Lord-Char.cdkr of Scot-
land had not Right dom him bj the printed Copy of bit Speech to tie
King'' Majcfty at Newcaftle, concerning the Pr'.poftiont of Peace,
there being in that C»j>y Error t and Orn-jjions, and both material ;
iobicb bath moved me to rtfelve, at to print tie former [already given
at p. 83.] according to tbc true Copy, fo, for preventing tbt like
Mijlalfa and Mifreprefentatiers, firft to procure to myfelf, and noi:'
to sommunicatt tt tie fublic Vicu)t tbt true Tranfcripti of tbeft fttft
102 TJjs Parliamentary HISTORY
. ai Car. I. and how to difpofe of his Majefty's Perfon, which
*6*6' , is a Matter very ticklifli, and of moft high Con-
October, cernment ; and they who would build very high,
muft dig very low for a firm Foundation: And
therefore I (hall make bold to defire, That what-
ever we refolve upon concerning the King's Ma-
jefty, it may be done by joint Advice and Confent
of both Kingdoms ; and that the Unity between
the Kingdoms may be inviolably preferred, as that
wherein (next to God's Protection) the chief
Strength of both lies, which mould be laid as a
Ground of our future Debates. And becaufe the
Purpofe we are to fpeak of is very grave and feri-
ous, I (hall fpeak of it with that Sincerity, as I
wifh my Words were written with the Beams of
the Sun, and regiftered to Pofterity, that all the
World might fee the Candour and Integrity of our
Proceedings towards the King and our Brethren of
England : And, as I had occalion once to exprefs
in this Place, fo do I now fay, That no Man hath
Confcience nor Honour who will not remember
our Solemn League and Covenant, as the ftrongeft
Bond under Heaven between God and Man, be-
tween Alan and Man, and between Nation and
Nation; in which our Unity is founded upon Ve-
rity in a threefold Relation, to God, to the King,
and amongft ourfelves: The firft is the greateft,
and afcends as high as Heaven ; for Religion,
which hath its Name a Religando, unites us to
. God himfelf ; and fo long as he is in League with
us, we need not fear who be againft us. Let us
therefore hold faft our Unity in Religion, and be-
ware of Toleration of all Religions, which is the
ready Way to have none; for there is nothing more
divine in God than Unity, and nothing more di-
abolical in the Devil than Divifion, who therefore
is known to the Vulgar by his cloven Foot to be
the Spirit of Divifion.
« The next Ground and Relation of our Unity
is with the King, to whom we are bound (in the
flricteft Bonds of loyal Subjection) by our Alle-
giance and Covenant, as to one Head and Mo-
narch ;
^ENGLAND. 105
narch ; and therefore the faithful Endeavours of Al>' « Car. I,
both Kingdoms fhould, without wearying, be t l6*6' J
conftantly contributed, that we may be united to oftober.
him by a happy and jufl Peace; for if one of the
Kingdoms (hall caft off the King, and the other
have a King ; if the one {hall make Peace with the
King, and the other not make Peace, but be frill
at Variance with him, it is to be feared that no
human Wit nor Policy will be able to keep the
two Kingdoms long without a Rupture: And if it
pleafe God fo to incline the King's Heart, and di-
rect the Wifdom of the Parliaments, as that the
King and we could make a happy Agreement, no
Power or Policy can be able to divide us; for
qui convenlunt uni tert'io^ coveniunt inter fi.
' The third Ground and Relation of our Unity
is the Conjunction of the two Kingdoms ; which
hath been acknowledged to be fo neceflary and
ufeful to both, that they have often declared they
would {land and fall, and, like Hippocrates' s Twins,
live and die together. And, therefore, as we
regard our Solemn League and Covenant with God
Almighty, and tender the Standing and Safety of
the Kingdoms, let us, with one Heart and Mind,
join our Counfels and Actions, that whatfoever
we refolve upon for our common Peace and Secu-
rity in relation to the King, and of each King-
dom to other, may be done in Zeal to Religion,
in Loyalty to the King, and with Unanimity a-
mongft ourfelves. And as the Pythagoreans did
note the Number of two with the Kingdoms (hall
as being the firft Number that durft part from
Unity (rn) ; fo, which foever of the Kingdoms fhall
firft violate the Unity which is bound up in our
Covenant, may apply it to themfelves : But if we
fhall adhere to that Unity which is builded upon
the firm Foundation of Verity, in our Relations
to Religion, the King, and amongft ourfelves, it
will be a threefold Cord which is noteafily broken ;
G 4 and
(m) Numrru) Binariui t'nfamh (Jl, %uia frirtut aufut eji
tb Unnate,
1 04 Tfa Parliamentary HISTORY"
An. 22 Car. I. and our Unity, I hope, fhall be turned into a«
l6^6- Identity, and both Kingdoms may be perfectly one4
' Having thus, in the firft Place, laid a Ground
for Unity of Counfels and Refolutions, I fhall, in
the next Place, humbly defire and proteft, That
whatever may be our Propofitions or Debates con-
cerning the King, it be not mif-conftrued as if
One of the Kingdoms were impofing Conditions
upon the other, or that we are abfolutely wedded to
any one Defire more than to another ; but that
(all feveral Ways being amicably debated and
rightly pondered,) that which may ferve moft for
the Safety, Security^ and rjappinefs of the King,
raid both Kingdoms, may be gravdy refolved upon.
Andnowl come to the Queftion itfelf, concerning
the difpofing of his Majefty's Perfon ; firft nega-
tively, and then pofitively : Negatively, the Quef-
tion is not of the Power and Authority of the
Houfes of Parliament in difpofing of any Perfon,
pr judging of any Cafe which is of fingle Concern-
ment to England; nor is the Queftion how the
King's Perfen may be difpofed of, de Fatto, by any
one of the Kingdoms; neither is the Queftion pro-
perly de jure Cf pffi, but de effe^j bene effe; And
as it is neither good Logic nor good Divinity to
argue a pajfi ad cffe ; fo fure I am, in this Cafe, it
is far worfe Policy for either Kingdom to difpute
what they may de in the Height of their Power,
when both are confulting what is fitteft to be done
for the Peace and Security of both. And the Re-
lation of both Kingdoms to his Ivfajefty, ?nd of
each Kingdom to other, being rightly conftdered,
as he is King to both ; as both are Subjects to him ;
as both are engaged in the fame Caufe, and have
been in the fame \Var, and are labouring under
the fame Danger ; are feeking the fame Remedies,
and fhould have the fame Security; we do hold.
That the difpofing of the King's Perfon doth not
properly belong to any one of the Kingdoms, but
jointly to both. And after Scotland hath fuffered
the Heat of the Day and Winter's Cold ; have for-
faken their own Peace for Love of their Brethren ^
have
*f ENGLAND. 105
have fet their own Houfeon Fire to quench theirs ; An. 22 Car. I*
after fo much Expcnce of their Blood in all the
three Kingdoms ; after we have gone along with
you in all the Hardfhip of this War, and (without
Vanity be it fpoken) have been fo ufeful in this
Caufe; and that the King hath caft himfelf into
the Hands of the Scots Army ; and that, by the
Blcfling of God upon the joint Endeavours of
both Kingdoms, we are come to the Harbour of a
Peace ; we cannot expect that the Honourable
Houfes will think it agreeable with Confcience or
Honour, or with the Juftice of the Houfes, that
the Perfon of the King mould be difpofed of by
them, as they (hall think fit, or by any one of the
Kingdoms alone ; but that whatever mall be re-
folved in this may be done by joint Advke of both,
as may ferve moft for the Peace, Security, and
Happuiefs of both Kingdoms.'
The LORD-CHANCELLOR of Scotland's fecmJ
SPEECH, Oft. 6.
JMy Lords and Gentlement
* AT our laft Metting in this Conference, your
l\ Lordfhips did affert the Vote of the Houfes, fccoad Meeting.
That the Perfon of the King fhould be difpofed on
as the two Houfes fhall think fit; and we did
hold, That the King, who is the Head and Mo-
narch of both Kingdoms, ought not to be difpofed
of by any one of the Kingdoms, but by joint Ad-
vice of both, as might ferve moft for the Peace,
Happinefs, and Security of his Majefty and both
Kingdoms ; which we fortify with feveral Argu-
ments from thelnterefts and Relations which both
Kingdoms have equally to the King, and from the
Covenant and Treaty between the Kingdoms, as
the beft Way to preferve our Unity. But fince
your Lordfhips do adhere to the Vote of the
Houies, as that which you cannot part from, we do
humbly dcfire, That your Lordfhips may be
pleafed (in Time convenient, at the Clofe of this
2 Con-
1 06 The Parliamentary HISTORY
21 Car. I. Conference) to report the Difference of our Judg-
l64&- ment to the Honourable Houfes ; who, upon better
ftob'sr. Reafons, both may, and, we hope will, take their
Vote into further Confideration : And fo, with
Refervation of our Judgment, That the difpofmg
of his Majefty's Perfon doth belong to both, and
not any one of the Kingdoms, efpecially in fitch a
Juncture of Affairs as both Kingdoms ftand en-
gaged in this Caufe, I (hall dcfcend particularly
how the King's Perfon ihould be difpofcd of to
the beft Advantage of both Kingdoms, and for at-
taining fuch a happy Peace as all good Men fhould
clefire.
4 But leaft we fhould walk in the Dark upon
Obfcurity of ambiguous Words, I (hall defire,
That the Words Difpofmg of the King's Perfon
- may be rightly underitood, and the true Senfe of
it may be clearly known : For, Dolus verfatur
in Univerfalibus. And, To difpofe of the King's
' Perfon, as both Houfes, or both Kingdoms, Jhnll
think fit, may, -in fome Senfe, be to depofe, or
worfe : But becaufe the Word difpofe may ad-
mit a more benign Interpretation, as when Men
commit their Eftates and Children, or that which
is deareft to them to be difpofed of (which is- but
to be a^vifed) by thofe who have neareft Relation
to them, and in whom they repofe moft Truft,
I fhall fpeak of the difpofmg of his Majefty's
Royal Perfon in that Senfe, which, I hope, is alfo
the Senfe of the Houfes. Nor do I know any
other Way how his Majefty's Perfon can be dif-
pofed of, but that he be put cither under Reftraint,
or be at Freedom with Honour and Safety : As
for the Way of Reftraint, I look upon it as it
looks upon us, as a Remedy more dangerous than
the Difeafe ; and as a Mean to draw the War of
foreign Kings upon us, (efpecially the Prince be-
ing in other Kingdoms) rather then to quiet our
Troubles at home. And therefore fuppofing that
none of the Kingdoms will take any Way con-
cerning his M;ijci}y's Perfon, but fuch as nvy
confift.
vf E N G L A N D. 107
confift with Duty and Honour, and which may An. 22 Car.
ieflen, and not increafe our Troubles, I (hall lay *^46'
aftde the Way of Reftraint ; and fpeak of the Way October,
which maybe with Freedom, Honour, and Safe-
ty, which can be no other but that his Majefty
fhall go into Scotland, or come to his Parliament
here, or fomeof his Houfes near abouts.
' His going into Scotland is full of Dangers and
Inconveniences to both Kingdoms : The Amale-
kites are not yet driven out of that Land : The
bloody barbarous Iri/h, banded with a wicked
Crew of Malignants, poflefs the Mountains and
Highlands, which are the Strong-holds and never-
conquer'd Parts of that Kingdom. They have
not laid down Arms, but keep in a Body together j
and they are fo near Ireland, as the Forces of the
Rebels there may in two or three Hours Space
come over and join with them ; and Scotland not
being able to keep and entertain Armies long, the
King, being there, may raife fuch Forces in Scot-
land, as may make Way quickly into England.
And therefore his Majefty's going into Scotland, be-
fore our Peace be fettled, being of moft dangerous
Confequence to both Kingdoms, I fhall humbly
offer to your Lordfhips Confideration his Majefty's
coming to London, or fome of his Houfes herea-
bouts, as the moft probable Way to to procure a
fpeedy and happy Agreement; which is alfo his
Majefty's own Defire in his Anfwer to the Propo-
fitions. And although no Periuafion of ours could
prevail to procure a more fatisfa&ory Anfwer for
the Time, than what is returned to the Houfes of
Parliament, yet I a flu re your Lordfhips that the
Committee of Eftates of the Parliament of Scotland,
and the Noblemen who were at Newcajile, did
faithfully contribute their beft Endeavours that
his Majefty might have given *his AfTent to the
Proportions : And as we did then deliver our
Minds with that Plainnefs and Freedom which
was fit for faithful and loyal Subjects, with no lefs
Regard to this Kingdom than our own Nation ;
lo
i o8 The Parliamentary HISTORY
An. 22 Car. J. fo are we now, with the fame Candour and Tcn-
^ dernefs of Affection, willing and ready to concur
' w-itn tne Honourable Houfes in every Thing which
may promote the great Work of Reformation, and
fettle Religion, according to the Covenant, with a
well-grounded Peace. And for thefe Ends we
deflre that his Majefty's Anhver may be impro-
ved to the bed Advantage of the Publick.
4 For albeit the King hath not given a prefent
Ailent to the Proportions, yet he hath not in his
Anfwer refufed them ; but doth promife, That he
will chearfully grant and give his Afient unto all
fuch Bills (at the Defire of the two Houfes) and
reafonable Demands for Scotland, which fhall be
really for the Good and Peace of his People : To
which End he defireth and propofeth, That he
may come to London^ or any of his Houfes there-
abouts, upon Security that he fhall be there with
Honour, Freedom, and Safety, as the beft Ex-
pedient to procure a happy Agreement between his
Majefty and his Parliament ; which we deiire may
be weighed in the Balance of righteous Judgment,
as a Bufmefs of the greateft Confequence which
can fall within human Confideration, and where-
in the Glory of God is moft concerned of any Bu-
fmefs under Heaven. For upon a blefled Agree-
ment between the King and his Parliament, Reli-
gion and Righteoufnefs, Truth and Peace, which
are the Compend and Height of all Happinefs,
•will be eftablifhed, to the eternal Fame and Glory
of Great Britain, and the great Comfort of all the
Proteftant Churches ; and upon our Difagreement,
all the Calamities of a bloody and unnatural War
will be continued, and nothing heard nor feen in
Church nor State but Confufion. God hath brought
both Kingdoms, through the Surges and Waves of
a boifterous Tempeft, into the Harbour of a Peace,
and hath fcattered moft Part of our .Enemies ; and
now our Work is how to come afhore, and efta-
blifh a right Peace. I hope, it is as far from our
Defires and Intentions, as it is againft our Cove-
nant and Profefliwi* to change the Fundamental
Go-
cf ENGLAND. 109
Government. We have need to take heed, that An- « c»-
\ve run not from one Extreme into another; Dwn t ' * '
Stulti vitant Vitia, in contraria currant : Therefore oaobor.
our Study ftiould be how to cure the Wound which
cur Sins and the evil Counfcls of others have made
between the King and his Parliament, to make up
the Breach, and not make it wider.
* It hath been univerfally acknowledged, That
the King's Removal from his Parliament is the
immediate and chief Caufe of all the War, Mif-
chiefs, and Calamities of the Kingdoms : Then his
Majefty's Prefence in joining with his Parliament
muft be the beft, if not the only Remedy to re-
move our Troubles ; for it is a Maxim no lefs true
than common, that Contraries have contrary Con-
fequent! (n).
* The King defires to come to his Parliament,
not only to have his Doubts cleared, and have
thofe Difficulties explained which hinder his Con-
fent to the Propofitions as they now ftand ; but
likewife that his Coming may raife a mutual Confi-
dence between him and his Parliament : If the
lal?were done, the firft would foon be performed,
and all thofe Mountains of Difficulties would eafily
be removed, and become Vallies.
' Your Commiffioners had no Power to give
any Reafons, no not fo much as tell what is the
Meaning of any of your Demands, nor hearken to
any Defire of the King's : And certainly fome
Things might be juftly moved by his Majefty,
which are neceflary for the Crown and a well-
grounded Peace, as, That he may have his Re-
venues; That he may return with Honour and
Safety to his Crown and Government : And if the
King were with his Parliament, where he might
both give and receive Satisfaction, he might, with
Reafon, be convinced to affent to what he now
conceives to be unreafonable.
' The making of a Peace is fo great and glo-
rious a Work, and fo acceptable to all good Men,
and to the whole People, that it would (after fo
great
(V CcntrariirnmCentrt'itfant Cinfrqmentit.
1 1 o ¥be Parliamentary HISTORY
An. 22 Car. i. great Trouble) be like Rain to the new mown.
1646. Grafs, or like a Refurrection from the Dead, and
-.„ <" ' is a Work worthy of a King's Prefence : And the
October. _.. . ' o
King may, without Arrogancy, dehre that Cjlory tQ
himlelf, the more to re-ingratiate him to his Peo^
pie, and not devolve that Honour wholly to any
other, wherein he himfelf ought to be the prime
Actor. And therefore the King's Prefence with
his Parliament, is the moft probable Way to at-
tain to a fpecdy and ble fled Peace ; which certainly
will be the more durable, if it be with the Good-
liking of both Sides.
' I know there is one common Objection (and
I know not another) wherewith many are poflefled
and prejudiced againft the King's Coming to his
Parliament, That his Prefence may breed Divifion,
and that he may thereafter withdraw and continue
our Troubles. Unity and Concord, I confefs,
is that by which Kingdoms and Common- Wealths
do flourim; and there is nothing more dangerous
than Divifion, Concardia enim Res parvts crefcunt,
Dijcordia vero maxima dilabuntur. But is there
any greater or more dangerous Divifion, than to
have the Head divided from the Body? To have
the King divided from his Parliament, the Repre-
fentative Body of the Kingdom, whereof he is the
Head ? Hath not this Divifion divided Brother
againft Brother, the Father againft the Son, and
the Son againft the Father, and Country againft
Country ? This Divifion is the Caufe of all our
other Divifions : Take this away and all our other
Divifions are at an End; Ablata Can/a tollitur
E/ettus. The King doth, with all Earneftnefs,
deiire to be joined with you; and ftands more in
. need of Reconciliation, and I hope will, accord-
ing to his Profeflion, endeavour it, rather than Di-
vifion: And, I truft, the Wifdom of the Honou-
rable Houfes is fuch as they will do fo too, and ra-
ther be reconciled to the King, than divide amongft
ourfelves. And that Argument, not to admit of
the King's Coming to his Parliament, becaufe his
Prefence may breed Divifion, is an Argument to
- -of E N G L A N D. - in
debar him perpetually from his Parliament. Arid An
now the Cafe is altered from what it was, when it
was thought unfit that the King fhould come to his
Parliament, becaufe then he had Forces in the Field,
Garrifons and Strong-holds to return to : Now he
hath none of thefe againft you, and his Defire of
coming to his Parliament cannot be but with Re-
folution to agree and fray with you; for if he were
once with you, where can he go from you? And
if they were efteemed Enemies to the Parliament
and the Peace of the Kingdoms, who advifed the
King to withdraw from his Parliament, what E-
Itimation will the World have of them who will
not fuffer him to return to his Parliament, when
he offers to caft himfelf into your Arms ? Nor can
there be a more real Teftimony of our Refpect
and Affection to England, than that we defire he
may be with you, and be advifed by you ; neither
can you have any greater Honour, than that (af-
ter you have diflipated your Enemies) his Majefty
is willing to return to you : And if fo kind an Of-
fer fhall be refufed, and the King driven to Defpair,
it is to be feared thefe Kingdoms will be involved
in greater Difficulties than ever; and we fhall be
driven out of the Harbour and Entrance of a Peace,
into the Xempeft of new and bloody Wars.
' For although Scotland be moft willing and
• defirous that the King fhould return to his Parlia-
ment with Honour, Safety, and Freedom ; and
that he may remain where his perfonal Prefcnce
may ferve moft for the Security and Happinefs of
his People; yet if any iuch Courfe fhall be taken,
or any Dem nd made, for rendering of his Perfon,
•which cannot ftand with his Honour and Safety ;
or which cannot confift with our Duty, Allegiance,
and Covenant ; nor with the Honour of that Army,
to whom (in Time of his extreme Danger) he had
his Recourfe for Safety ; it cannot be expected that
we can be capable of fo bafe an Act. And if (to
fhun this, and avoid Occafion of quarrelling be-
tween the Kingdoms) he fhall go to Scotland, and
relent his Expulfion out of England, and crave the
i- Afiiftance
112 'The Parliamentary H i s T o R v
An. zz Car. I. Afllftance of that Kingdom for Recovery of his
Right to his Crown, he may in a fliort Time raifc
Forces in Scotland and Ireland, as, with the
Affiftance of foreign Princes, thefe Kingdoms may
be made a Field of Blood, and the youngeft a-
mongft us not live to fee the End of thefe unna-
tural Wars: But if the prefent Opportunity be
wifely managed, and that we maintain the juft Pri-
vileges of Parliament and Liberty of the Subject in
both Kingdoms, with that Wifdom and Difcre-
tion as that may be given to God which is God's,
and to Ctefar what is Cafar't ; if we fear God and
the King, and do not meddle with them who are
given to change ; that fame Divine Providence
and Wifdom, which hath brought us through ma-
ny Difficulties, will alfo teach us how to eftablifh
thefe Kingdoms in Peace, and the King's Throne
in Righteoufnefs, that the great Blefling of a con-
ilant and friendly Conjunction of the two Kingdoms-
(now united by Allegiance and loyal Subjection to
one Sovereign and Head) may be firmly obferved
and continued to all Pofterity.'
The LOR D-C HANCEIIOR of Scotland's thir/
SPEECH, Oct. 10.
My Lords and Gentlemen,
Aad at the third, * HPHIS Day I hope will bring our Conference
X to fome Refults to be reported to the
Houfes ; and therefore I ftiall frame my Difconrfe
and Arguments with that Succinct nefs as may
bring us fooneft to a Clofe.
* At our firft Meeting, the Subject of our De-
bate was, Whether the Right and Power of dif-
pofing of the Perfon of the King is folely in the
two Houfes as they (hall think fit, or in the two
Kingdoms ; and, at our laft Meeting, we had fome*
Arguing about the fame Queftion, bat your Lord"
fhips did ftill aflert the Vote of the Houfes ; and
we fay, (in refpeft of the lutcreft and Relations
which both .Kingdoms have equally to the King,
efpecially in the prefent Juncture ot Affairs, when
botb
-if ENGLAND. 113
both Kingdoms . are entered in the fame League An- «^ • *'
and Covenant; have jeoparded their Lives iri the v _*. 4 _' ^
fame War, are labouring under the fame Danger,
are feeking the fame Remedies, and ftand in need
of the fame Peace and Security; and both King-
doms are bound by our Covenant to preferve Uni-
ty, and are obliged by Treaty that none of Us (hall
make any Peace, Ceflation, or Agreement whatfo-
ever, without mutual Advice and Confent of both)
That the Perfon of the King cannot be difpofed of
without the joint Advice and Cortfent of both
Kingdoms : But as we do acknowledge that Eng-
land hath Parity of Intereft with Scotland, fo we
do ftill offer they (hall have Parity of Power in
difpofing of the King: And we do affiriti, That
the Perfon of the King, who is King of Scotland
as well as of England, and is Head and Monarch
of both Kingdoms, cannot be difpofed of by any
one of the Kingdoms alone; but whatever is to
be done concerning the diipofinq; of his Majefty's
Perfon, ought to be done by joint Advice and
common Confent of both, as may ferve rrtoft for
the Peace, Security, and Happinefs of the Kin*
and Kingdoms, which we did prove by feveral
Arguments, to which there was nothing anfwered
in effect, but Tliat the King being within England,
bis Perfon was to be difpofed of as the two Hoitjis
Jhall think fit ; and that the King being with the
Scots Army, and they being paid by the Parliament
of England, he is in effeff in the Power of the
JHoufes, and ought to be at their difpojing ; in the
fame Way as if he had come to the Army of Sir
Thomas Fairfax, or any other of the Parliament's
jfrmies .
' To this we (hall not need to make any other
Reply than what we have made already, That
the King's prefent Refidence in England, nor no
Locality, can take away the Reality of our Rela-
tions formerly mentioned by us ; far lefs can it take
away the Engagements and Stipulations betwen
the Kingdoms; and though the Setts Army be paid
VOL. XV. H by
114 ¥he Parliamentary HISTORY
' jLf"' l' by the Parliament of England yet they are the
< . ^ > Army of Scotland, raifed for the Purfuance of the
0&ob<7. Ends of fhe Covenant, and are to be ordered and
dire&ed by the Parliaments or Committees of
both Kingdoms: And therefore they cannot, with
Confcience* Duty, or Honour, deliver the Perfon
of the King, without his own Confent, to be dif-
pofed of as the two Houfes {hall think fit : But
We have declared, and do frill declare, That we
are content the Perfon of the King be difpofed of
(the Word difpofed being taken in a right Senfe)
as may ferve moft for the Peace, Safety, Security,
Honour, and Happinefs of the King and both King*
domsj anddidoffer toyourLordfhipsConhderaticn
his Majefty's coming to or near London, as the moft
probable Means to procure a fpeedy and well-
grounded Peace. And feeing your Lordfhips have
done us the Honour to meet with us in this free
and, brotherly Conference^ we do expect that you
will concur and aflent to this Proportion, or pro-
pound a better Expedient for the Good of botfc
Kingdoms.
' But if the Honourable Houfes will not admit
of this Proportion, our next Defire is, (that it
may apptar no lawful and pofiible Means are left
uneflayed which may procure a happy Agreement
betwixt the King and his Parliaments, and for our
further Exoneration) That Commiffioners may
yet once more be fent from both Kingdoms to his
Majefty, to {hew the Meaning of our Propofitions,
and to affert them, and to hear the King's Doubts
and Difficulties and Defires; who may further in-
timate, that (if hisMajefty fhall not give a fatisfac-
tory Anfwerto the Propofitions) then both King-
doms will, without making any fuch farther Ap-
plication to him, take fuch Courfe as they {hall
judge fitteft for the Peace and Security of the
Kingdoms.
« And as, at the Opening of this Conference, I
did begin with an humble, lawful, and laudable
Defire for Unity in relation to Religion, the King,
4
of E N £ L A N D. 115
and" among ourfelves, fo ftiall I clofe in the Time An- « Car»
Dialed. For the firft, of Religion: If we do re- . l6*6' J
member our Vows to God to perform them, and o&ober.
(hall endeavour really, conftantly, and fmcercly
the Reformation of Religion, and Uniformity ac-
cording to our Covenant, we may certainly ex* .
peel that God will crown this great Work, where-
in he hath honoured us to be Actors, with his
Blefling; but if in place of Uniformity, which
we are obliged to endeavour, there fhall be
a Toleration of all Seels and Sorts of Religion;
and if we negledl to build the Houfe of God, and
become infolent upon our Succefles, although we
could mount up with Eagle's Wings, and build
our Nefts as high as the Stars, and had an Army
•who, for Valour and Strength, could march to
Conflaniidtyk) God fhall lay our Glory low in
the Duft, and fuffer the Work to fall in our Hands,'
like the Confufion of Babel: And whatever hath
been moved by us concerning the King, we defire
it may be rightly conftru&ed, as proceeding from
fuch as have not wavered from their firft Principles ;
for when the King was in the Height of his Power,
we did not, and I hope, never (hall, flatter him;
and when the Enemy was in the Height of their
Pride and Strength, Scotland did fear no Colours:
And now, when the King is at his lowerr. Ebb,
and hath caft himfelf into our Army for Safety,
we hope your Lordfhips will pardon us, from our
Senfe of Honour and Duty, to be very tender of
the Pcrfon and Pofterity of the King, to whom
we have fo many near Relations; and not like the
worfe of us, that we cannot fo far forget our Al-
legiance and Duty, as not to have an Antipathy
againft the Change of Monarchical Government, .
in which we have lived through the Defcent of fo
many Kings, and under which both Kingdoms
have been govern'd fo many Ages, and flourifhcd
in all Happinefs. And now my laft Word mall
be for conitant Unity between the Kingdoms ;
which, as it hath been the chief Means to promote
the great Work wherein both Kingdoms are fo
H 2 deeply
n6 The Parliamentary HISTORV
An. « C»r. I. deeply engaged, fo there is nothing can make US
«_ l6*6' * fo formidable to our Enemies, nor fo wuiqh aiding
Oftober. ene to afiother, as the chcriftiing and continuing
thereof; and I dare fay that no Man would divide
the one from the other, but fuch as defire to fifh
in troubled Waters, and are real Enemies to both.
God hath blefs'd the joint Endeavours of both
Nations j both are in one Ship, and are come thro*
a very great Storm ; and now, when we are come
into the Harbour, it would be great Shame to both
to fplit upon the Rocks of Divifion, £f? devorato
Bove dejicere in Caudd ; and your Lordfhips may
be confident that Scotland, who have efteem'd no
Hazard too great for fettling of Religion and Love
to their Brethren, will ftick fo faft and firmly to
you, fo long as you hold the Principles of your
Covenant, as no r ear nor Favour will ever be able
to divide them from you ; and we do expe£t that
reciprocal Amity which may perpetuate CUE
Unity.'
Some PAPERS given in, by the COMMISSIONERS of
the PARLIAMENT of Scotland, to the Honour-
able Houfes of the PARLT AMENT of England,
in Anfwer to their Votes of the i^tb of Septem-
ber, 1646, concerning the Difpofmg of his Ma-
.jefty'sPerfon(n}.
For the &gkt Honourable the S * E A K E R of tht
Houftf of PEERS pro Tempore.
Right Honourable,
* \\7^ ^° k6^*^ Pr€ffertt to tne Honourable
' W Hotffcs two Papers, in Anfwer to their
' Votes of the 24th of September-, wherein we have
* contributed our befl Endeavours to come to *
« fpeedy
(»} Mr. Rujkwtrtb mention* thcfc Pipers, «nd takes Notice of
the before-mentioned Circumflance of their being feiz'd at tke Pttft
in Lendon, but print* only fuch Part thereof as is quoted in th«
Commons Anfwer thereto, which will appear in the Proceedings of
next Month. Hence it is probable that he had Hot the Scott PapertY
as printed by their Commifiioners Ord«r.— To do Juflire fo that
Nation, we have therefore printed the whole from the Edinburgh
Edition thereof, puhli&ed airier their own Direction,
of ENGLAND. 117
fpeedy Agreement in the great Affairs now jn An, a* c»r.
Agitation, and to preferve and continue a firm . * * ' *
Correfpondence between the Kingdoms; And oftoocr.
we cannot but promife to ourfelves, that we fhall
meet with the fame Affections in the Honourable
Houfes ; that all Differences being determined,
and all juft Defires fatisfied, thefe Kingdoms may
ftill remain in a fweet Concord and brotherly
Conjunction, than which nothing can be more
acceptable to
Tour Lord/hip's
humble Servants,
Ofitbtrio, 1646*
LOUDON, A. JOHNSTON,
LAUDERDALE, CHARLES ERSKINE,
HUGH KENNEDY, Ro. BARCLAY.
Oftoberzo, 1646,
4 fjAving received the Votes of both Houfes, £ toPt?e?Lo2j
* JL J. dated the 24th of September* concerning by the Scots
* the difpofmg of the King's Perfon as both Houfes Commiffioners,
* of Parliament {hall think fit; although we judge VO^ODC^
* (as in Chanty we ought) that it is not the Mean- ing the DifpofU
* ing and Intention of "the Honourable Houfes, to of theKinj't
* claim or affume to themfelves the whole and fole °n%
' Power to difpofe of his Majefty's Perfon, which
* is known to be a Matter, as of high, foofcom-
' monand equal, Concernment to both Kingdoms:
' Yet left, by our Silence, the Right and Intereft of
* the Kingdom of Scotland fliould be prejudiced;
* and left that Senfe of thofe Votes, which many
' have apprehended and exprefled, (hould minifter
s Occafion of Mifunderftanding and DtfFerencebe-
* tween the Kingdoms, according to the Defires
* and Hopes of our common Enemies, we have
* judged it neccffary, with that Freedom, Candour,
' and Plainnefs which becometh Brethren, to re-
* prefent our Thoughts concerning this great Bufi-
* nefstoboth Houfes.
' We do acknowledge, that as, pofitively, the
' Houfes of Parliament have as much Power in
H 3 * dif-
i i 8 *fhe Parliamentary HISTORY
An. 12 Car. I. < difpofingof the King's Perfon, as any one Parlia-
1646. < rnent hath, or can have, to difpofe of a King, who
^Ofltobe/ ' hath more free Kingdoms than one ; fo, nega-
* lively, none ought or may difpofe of his Majefty's
' Perfon without or a^ainft their Confent. The
4 like, we fuppofe, will be mutually acknowledged
' in Reference to the Parliament of 'Scotland; it be-
' ing a Fundamental Right and Liberty of either
' Kingdom, That none can juftly, without their
* own Confent, impede or reftrain the Perfon of
* their King from coining amcngft them, and do-
' ing the Duties of a King unto them : And in both
* thefe Senfes we acquiefce in the Vote of the Ho-
* nourable Houfes.
* But if the Vote fhould be meant, or made ufe
* of, as reftridtive to the Parliament of England, and
* exclufwe of the Parliament of Scotland: Or, as
< if the two Houfes were to difpofe of the Perfon
* of the King, by their fingle and fole Authority,
* without the Confent and Concurrence of the
* Kingdom of Scotland', we truft this Senfe is as far
' from the Thoughts of both Houfes, as it is from
* Juftice and Equity ; The Parlaiment of Scotland
« having as muchlntereft in the Perfon of the King
« of Scotland, as the Parliament of England hath in
' the Perfon of the King of England; and the Per-
* fon being but one, both Kingdoms muft needs
« {hare equally in thatjoint Imereft. Neither hath
* the Parliament of England any more Power to
' difpofe of the Perfon of this King of Scotland, be-
c ing in England, than the Parliament of Scotland
' hath to difpofe of the Perfon of this King of En-
' land, if he were in Scotland: And as the Parlia-
* ment of England might juftly conceive their In-
< tereft and Power to be greatly prejudiced, if the
' Parliament of Scotland fhould claim the fok:
' Power to difpofe of his Majefty's Pcrfujn, being in
' Scotland; and, confequently, if they {hall fo
* think fit, toreftrain his Perfon from coming to hi ;
* Houfes of Parliament, when the neceflary Affairs
' of this Kingdom require his Prefence; fo we can-
'* not but in Juflice expect to be dealt wit-i by the
4 Honour-
of E N G L A N D. 119
f Honourable Houfes, as they would have us, in like An' « Car-
* Cafes, to deal with them. ,
* Although what we have now exprefTed might
' be fufficient, as to our Senfe of the Vote; yet it
' fhall not be fuperfluous, but very expedient, that
* we further clear ourfelves and our real Intentions^
* in that which we firft offered in our Paper of the
c nth of Auguft) concerning a. joint Confutation
' and Refolution of both Kingdoms, what is next
* to be done in Reference to the King; which
* Motion we now refume, to be ftill infifted upon:
* For the Qucftion is not, Whether the Houfes of
' Parliament or the Scots Army (hall difpofe of
' the Perfon of the King in England? Our Army
' claimeth no Power to difpofe of his Majefty's
* Perfon. And as they could not refufc to receive
* him when he came amongft them, fo they are
4 ready to obey and fubmjt to the joint Refolutions
* of both Kingdoms concerning his Majefty. Nei-
' ther is the Queftion, Which of the two King-
* doms fhall truft the other with the prefent Refir
« dence of the King's Perfon, till he be difpofed of
' by the Confent and Agreement of both ? Let it
' be far from both Kingdoms, that the former mu-
* tual Confidence fhould now turn to a mutual
* Diffidence ; and let not a Blefling from Heaven
' be expected upon either of the Nations, which
« continueth not faithful to the other, according
* to the Covenant. Our Confidence in the Wif-
* dom, Juftice, Loyalty, and Faithfuinefs of the
' Honourable Houfes is fuch, that whenfoever thr
* King fhall be willing to return unto them, and
* they willing to receive him, we fhall, not make.
' the leaft Impediment, but give our chcarful Con-
* fent. Lea ft of all is the Queftion concerning
' any Privilege or Power of the Parliament of Eng-
* land) or any Law, Liberty, or Practice of thi-.
' Kingdom, to difpofe of their King. It is not our
1 Meaning to controvert what in that Kind they
* may do, or at any Time have done, according to
* their Laws, which are beft kno;vn to themfelves,
H 4 'lor
1 20 Jibe Parliamentary H I s T o R V
for their Good and Safety, without the leaf!
dow of any Dependency upon another Kingdom.
But withall wedefire it may be remembered, that
this is to be transferred equally to the Power and
Privilege of the Parliament of Scotland. We do
not meddle with any of the fingle or proper Rights,
Privileges, or Laws of this Nation, more than
we would have our Brethren to meddle wih ours.
It is one Thing what the Parliament of England
might have done, in another Caufe or War, before
their Engagements by the Covenant and Treaties
with the Kingdom of Scotland: It is another
Thing what ought to be done after fuch Condi-
tions and Ties, impofed by neither Kingdom upon
the other, but by both jointly upon themfelves,
and as mutual Obligations, both to God and each
to other : Although we might alfo go further back
than to the Covenant and Treaties, and plead
the common and equal Intereft of the Kingdoms,
in their common Head and Sovereign, evei iince
they were fo united, as may fufficiently appear,
even by fome Inftances in his Majefty's Time
who now reigns over us. It may "be remembered,
as to the Intereft of Scotlund, that wiien his Ma-
jefty was firft invited and defired to come into'
that Kingdom to be crowned, it was reprefented
by the Lords of his Majefty's Privy Council in
'England.^ that the great Affairs of this Kingdom
could hardly difpenfe with his Majefty's going to
Scotland; and, therefore, that either he might re-
ceive his Crown of Scotland\>y a Vicegerent there,
or that it might be fent hither unto him. Like
as this prefent Parliament, when the King went
laft into Sccfiandto fettle the Peace of that King-
dom, did earneftly defire and prefs that he might
not go, but that he might ftay here for the
urgent Affairs of this Kingdom. But both in the
one Cafe and in the other, the Intereft of the
Kingdom of Scotland was preferved ; and as it
was moft neceflary that his Majefty mould go
into that Kingdom for receiving that Crown, fo
9f E N G L A N D.
* Jiiti Majefty found it expedient to go thither for An'
* the fettling of Peace. It may allb be remembered,
' as to the Intereft pf England, that the EngliJbNo-
* bility, both at The Birks^ An. 1639, and at Tork^
* An. 1640, (whofe Letters, to that Purpofe, arc
« yet extant and to be feen) and this Parliament,
* An. 1641, did claim an Intereft to fee and know
* our Demands propofed to the Kijjg, that neither
* his Majefty nor themfelves might be thereby pre-
' judiced.
* But the prefent Queftion needeth not go fo far
' upon a back Trade: Whatfpever the joint Inte-
* reft of the Kingdoms was formerly, it is without
' Controverfy n.ow much more conjoined : And
? unlcfs we lay afide the Covenant, Treaties, De-
' claration of both Kingdoms, and three Years
* .Conjunction in this War, neither the one King-
* dom nor the other muft now look back what they
* might have done fingly before fuch a ftridl Union ;
'but look forward what is fitteft to be done, by
* both jointly, for the common Good of both, and
< for tjie Ends of the Covenant, which both are
' obliged jointly to profecute and promote. So
* that the true and proper Quefttpn in this Con-
' juncture pf Affairs is, Whether both Kingdoms
' hf-ve not a jpint and common Intereft in difpofing
' of the King of both, for the Good of both; and
* that his Majefty's Perfon ought not to be difpofed
* of by either Kingdom fingly? Much might be
* faidfor this joint Way, arid againft a divided Way
* from the Nature of all Aflbciations, and the com-
' mon Rules of Equity obferved between Perfons, •
* Societies, or Nations, which have a joint Intereft
* in the fame Perfon, Parent, Mafter, Servant, or
* in the fame Thing, Inheritance, Lands, Houfe,
« Stock, or the like: In which Cafes, one of the
* Parties aflbciated may not, without the Cpnfent
* of the other, difpofe of that which is common,
* efpecially if it be a common Perfon j and leaft of
' all, if it be a Perfon ofchiefeft Eminency or Con-
* ccrnment: For although a common Thing may be
• divided,
122 *Tbe Parliamentary HISTORY
^V^ed> anc* toeach Party his proper Share affign«i
* ed, yet one individual Perfon doth not admit of a,
' Partition, and forequireth the greater Union and
' Conjunction of Councils in the Difpofal of it.
' And as Reafons may be drawn from the Nature
* of all Aflbciatjons, fo efpecially from the Nature
' of ours in the Solemn League and Covenant;
' the Title, Narrative, Articles, and Conclufion of.
« it do along link together the Intereftof the King-
4 doms, in this common Caufe fo much concerning
' the Glory of God, the jr own Safety, Union, and
* Peace, and the Honour and Happinefs of the King
« and his Pofterity; which Ends of the Covenant
* both Parliaments, as well as other Subjects of both
* Kingdoms, have obliged themfelves jointly and
* mutually to promote, according to their Power,
* and to continue zealoufly and conftantly therein
' all the Days oftheir Lives, againft all Oppofidon ;
' and to afiift and defend all thofe that enter into this
* League and Covenant in them aintaining and pur-
* fuing thereof, and never fuffer themfelvcs to be
' divided, directly or indirectly, from this blefled
' Union and Conjunction. So that the Ends of
' the Covenant, upon which the Difpofal of the
* King muft needs have a ftrong Influence, are not
* to be profecuted by the two Kingdoms, as by two
' diftinct Bodies acting fmgly; but they -were united
' by folcmn Covenant made to Almighty God, and by
* League each to other , as one entire Body, to profe-
* c utt this Caufe ; which was the Expreflion ufed
* by the Honourable Houfes in their Declaration of
' the fifth of Augujl, 1645, to the Lords the States
* General of the United Provinces of the Low
* Countries. In which Declaration this notable
* Inftance was given, which deferveth alfo to be
* remembered, That, by the Covenant, both Houfes
* of Parliament, and many Thoufands of other his
' Majefty's Subjects of England and Ireland, (land
' bound, as well as we, to hinder the letting up of
' Church-Government by Bifhops in the King-
* dom of SiOt/and; and that we, as well as they,
• ftand
^ENGLAND.
* ftand bound to endeavour the Extirpation thereof AB
' in England and Ireland. And as, by the Cove-
* nant, the Kingdoms are faft linked together in
* the whole Profecution of this Caufe; fo particu-
4 larly both are obliged to endeavour, mutually^ to
' preferve and defend the King's Majcfly's Perfon
* and Authority in the Prefervation and Defence of
* the true Religion and Liberties of the Kingdoms j
* that the World may bear tP^itnefs, with our Con"
' fciences, of our Loyalty, and that we have n»
' Thoughts or Intentions to diminijh his Majejiys juji
* Power and Greatnefs.
' From the Treaty the fame Thing doth further
' appear; it being thereby manifeft, that as our
* Army was to be levied for the- common Good of
' both Kingdoms, in the Purfuance of the Er.dscx*
' prefied in the Covenant, and not as Auxiliaries
* for the fmgie Good of this Kingdom ; fo they are
' not tied to be fubjecl to the Refolutions and Di-
* rections of either Kingdom fmgly, but of both
e jointly. Alfo, by the eighth Article, no CefFa-
' tion, Pacification, nor Agreement for Peace
$ whatfoever, is to be made by either Kingdom,
* without the mutual Advice and Confent of both :
.' So that if the Difpofal of the King's Perfon, mcn-
< tioned in the Vote of both Houfes, be intended
' for the Good, Peace, and Security of both King-
* doms, then it fhould not be done without the
* mutual Advice and Confent of both ; but if in-
* tended for the Peace and Security of this King-
' dom within itfelf fingly, this were to fettle the
* Peace of the one Kingdom, not only without
' the Counfel aYid Confent, but before the Settle-
* ment of tlie other, and fo the more inconllftent
' with the plain Scope of that Article. Moreover,
* by the ninth Article of the fame Treaty, all Mat-
* ters of Difference arifing between the Subjects
* of the two Nations are to be refoived and deter-
6 mined by the mutual Advice and Confent of both,
* which hath ever been the ufual Way in fuch
* Cafes. Neither know we any ether Way for
* hcalijig
124
An. 22 Car. I.
1646
the Parliamentary HISTORY
healing of Differences between two free Nations*1
which are as Brethren and Equals, and neither
of them fubordinate to the other. If therefore
any Difference fhould arife, which God forbid,
between the two Parliaments, or any others of
the Subjects of the two Nations, concerning the
difpofing of his Majefty's Perfon, then the Que-
ftion cannot be otherwife refolv'd and determined
but by the mutual Advice and Confent of both,
How much better is it (according to the fixth
Article of the Covenant) to confult how to pre-
vent all Differences which are like to arife be-
tween us or our Pofterities ?
c The Honourable Houfes, in their Wifdom, did
thi/ik fit that, in the managing of this War, there
fhould be a Conjunction of the Councils of both
Kingdoms in Reference to the Englijh as well as to
the Scots Forces : How much more may we ex-
pect a Conjunction of Councils in difpofing of his
Majefty's Perfon, wherein the one Kingdom is as
much interefted as the other ?
* If more need to be faid in this Bufmefs, we
hope it is not forgotten, how the Declarations of
both Houfes, and their Commiffioners fent into
Scotland to defire their Affiftance and Engage-
ment in this War, did invite, follicit, and per-
fuade that Nation upon Principles of common
Intereft: and in regard the one Kingdom can-
not enjoy a firm and durable Peace, while the
other is in War, we were alfo put in Mind of
the Affection and Duty which becometh Brethren.
And as we did, upon thefe and the like Confidera-
tions, efpoufe our Brethrens Quarrel, fo it can-
not be oftenfive that we defire from them an Im-
provement of the very fame Principles ; and that
the fame Meafure of the Conjunction of Intercfts
be given to us, which was got from us. God
forbid that Ways of feperating the Interefts of
the Kingdoms fhould now be ftudied, as much as
Ways of uniting them were before endeavoured.
We cannot but expect better Things from our
* Brethren,
^/ENGLAND. 125
* Brethren, than in their Profperity to defert us, A»- ** C«.
' who did engage and join with them in their great-
* eft Affliction j or to think of fecuring their own
* Peace without us, while the Troubles of our
' Kingdom continue.
* Wherefore we cannot chufc but obteft by the
4 common Good of both Kingdoms; by the Con-
* junction and Parity of Interefls; by the Love of
* Brethren; by Declarations of both Houfesj by
1 former Precedents ; by the Treaty between the
* Kingdoms ; by the Solemn League and Covenant j
' yea, by the very Law of Nations and Rules of
' common Equity, that there may be a Conjunction
* of the Councils and Refolutions of both King-
* doms, in difpofing of that Royal Perfon who is
* King of both ; and that all lawful and poflible
* Means (of which this is one and a chief one) may
1 be ufed, which may preferve his Majefty's Per-
' fon, Honour, and Happinefs according to the
' Covenant; Monarchical Government according
* to the Fundamental Laws of both Kingdoms j
« together with a firm and happy Union between
* the Kingdoms.
* Thefe Principles we defire ftill to go upon; and
* therefore if the Vote of both Houfes, communi-
* cated unto us, be underftood as a material De-
* mand of his Majefty's Perfon to be delivered un-
* to them, to be difpofed of as they (hall think fit:
' This, as it doth not necefiarily follow from the
' Words of the Vote, nor doth agree with that
* Senfe of the Vote, which, in Charity, we are
* moft willing to entertain, fo there are juft and
* great Reafons againft it. We acknowledge that
' we are not to prefume the worft, but the beft,
' concerning the Intentions of the Honourable
* Houfes towards the King. But we do not dou-t
* it will be mutually acknowledged that, for pre-
* venting of Differences afterwards, it is moft fit
* and neceflary that there be a clear and diftinct
* Undemanding between the two Kingdoms in a
* fiufinefs of vhi5 Nature and Conference; and
4 that
I26 2^ Parliamentary HISTORY
An. 2* Car. I. < that it is not to be expe&ed from private Perfons,
164.6. ' tho' under Jurifdi&ion, much lefs from another
Voft t ' ' Kingdom, that they fhould pafs from their In-
* tereft or juft Security, becaufe they have to do
* with fuch as they judge to be honeft and faith-
' ful. To fpeak therefore to the Nature of the
* Thing in itfelf: If 'the Scats Army fhould deliver
* up his Majefty's Perfon without his own Confent,
* and that upon the Vote communicated unto us,
* which (although it may fuffer a benign Interpre-
' taion, and be underftood of the difpofing of the
, ' King's Perfon favourably and honourably, yet)
' as the \Vords {land, is comprehenfive and capa-
' cious of more than is fit to be exprefied : This
* Aft of the Army were not agreeable to their Oath
* of Allegiance, obliging them to defend his Ma-
' jefty's Perfon from all Harms and Prejudices ; nor
c to the Solemn League and Covenant, which was
' not intended to weaken, but to ftrenothen, our
* Allegiance, and to wipe off the Calumny and
* Afperfion of Rebellion : For which End, before
* our Engagement in this War, it was mutually
* covenanted between the Kingdoms, to preferve
* the King's Majefty's Perfon and Authority, in
' the Prefervation of the Religion and Liberties
c of the Kingdoms ; thereby holding forth to the
* World, that the Prefervation and Defence of Re-
' ligion and Liberties may well confift, and was
* intended to confift, with Prefervation of his Ma-
*• jefty's Perfon and Authority; whom theforeour
* Army cannot deliver to be difpofed of by any
c others at Pleafure. This Delivery were alfo
c inconfiftent with the joint, equal, and common
* Intereft of both Kingdoms in the Dilpofal of his
* Majefty's Perfon, which we have before afTertedj
' and were, upon the Matter, n Pafling from the
4 Right and Intereft of the Kingdom of Scotland
* in that Bufinefs. It were alfo contrary to his
c Majefty's Power of Refidence in any of his
c Kingdoms, and to the free exercifing of the Du-
« ties of his Place, and Acls of Perfonal Govcrn-
* mcnt;
^ENGLAND. 127
* ment; fuch as the hearing and redrefling of the ^n. *» Car. I,
* Grievances of his Subjects in Parliament, and his
* concurring to the making of Laws. Neither
* could it ftand with the CommifSons given to the
* Committee of Eftates and General Officers of
* our Army, or with their Military Oath, to deliver
* uptheir King without his own Confent, andwith-
' out Warrant from the Parliament of Scotland, to
' be difpofed of by another Nation: Even as it
* were not to be expected, that the Army under
' the Command of Sir Thomas Fairfax, if they
' were in Scotland for our Affiftance there, in the
* like Caufe, and under the like Engagements, in
* a Recefe of the Parliament of England, and with-
* out their Warrant, would, upon the like De-
* mand, deliver up the King (having caft himfelf
« in their Hands) to be difpofed of by the Parlia-
* ment of Scotland. Finally, if it be contrary to
* the Law and common Practice of Nations, to de- *
* liver up the rneaneft Subject fled to them, though
* it be for the greateft Crimes, (for which Caufe
* the Parliament of England in the fourth of King
« James, as likewife in the large Treaty, refufed a
* general Adt of Remanding between the two King-
* doms, unlefs they fhould be united into one,)
* how much more would the World abroad con-
c demn our Army for a bafe and difhonourable Act,
* if they fhould deliver up their Head and Sove-
« reign (having caft himfelf into their Hands) to be
* difpofed of at the Arbitrement of another Nation ?
' And now we hope it will not be tedious, that
* we further enlarge ourfelves upon this great
' Subject, by adding fatisfudtory Anfwers to fuch
* Objections as have been, or may be, made againft
4 our Defires and Principles in this Bufmefs.
Objection i. « That the Scots Army is an Auxili-
c ary Army of England, and under their Pay \ and
' therefore ought to deliver up the King, is be difpofed
' of by both lloufes as they Jhall think fit.
Anfiver. 4 It is fufficiently known, that the Sects
' Army came not into this kingdom in thd Nature
* of Auxiliaries : For when it was defired bv the
* 'Par-
128 *ihe Parliamentary H is f o R £
\l 6 *' I§ * Parliament of England tha* the Kingdom of Scft-i
* *.' i ' /flW ihould fend an Auxiliary Army into this
Oftober. ' Kingdom,' to be fubjeft to the Directions and*
' Refolutions of both Houfes, it was abfolutely
* refufed, as may appear by the feveral Papers about
* that Purpofe yet extant. The Kingdom of Scot-
* land did forefee andconfider how prejudicial It was'
* to forfake their own Peace; and what infinite'
c Troubles, Lofles, and unavoidable Dager their
* Engagement with the Parliament of England, a-
4 gairtftfo powerful and prevailing an Enemy, would
* bring upon the Kingdom of Scotland: And as
* they regarded not the large Offers rior the Threats
* of the other Side for all their FWperity j fo there
c was no Offer of Pay, or other wordly Advantage
* whatfoever from the Houfes of Parliament^ which'
* could have induced them to undertake fo hazard-
* ous and defperate a War. It was the Good of
* Religion, King, and Kingdoms they fet before
* their Eyes; in order to which End, they accounted
* nothing too dear unto them: And having refolved
* to engage in this Caufe for Affiftance of their Bre-
k thren therein^ they did not ftand upon Conditions ;
1 but, without Refpeft to the Seafon of the Year,
* the great Strength of the Enemyj and other Dif-;
* coufagements, they did, in alhort Time^ levy an
k Army at their own Charge: And, becaufe of the
* many Burdens then lying upon this Kingdom, were
* content for the prefent to accept of a Sum towards
* the monthly Entertainment of that Army, a-
* mounting to little more than Half Pay, and to
* fuperfede all further Recompence till the War
* fhould be at an End. And feeing the Kingdom
' of Scotland was to quit their own Peace, and,
* equally with England, to undergo the Hazard of
* the War, it was found reafonable that the Pro-
* fecution thereof, and the making of the Condi-
' tions of Peace after the War, fhould be with joint
* Advice and Confent of both Kingdoms : And, ac-
' cording to thefe Grounds, a Covenant wasagrced
' upon for the Reformation, of Religion, and for
* Prefervation of the Liberties of the feingdofos,
' and
of ENGLAND.
* and of the King's Perfon and Authority : To- An- « Car; I.
* gethcr with a Treaty, wherein it is declared that . ' * '._ j
' the Scots Army {hall be commanded by a Gene- oftobct,
* ral appointed by the E (lutes of Scotland, and (hall
c be fubject to fuch Refolutions and Directions, as
' are and ihall be mutually agreed upon and con-
1 eluded between the Kingdoms, or their Com-
c mittees in that behalf appointed, for pursuance of
4 the Ends of the Covenant; of which one is to
* defend and prefcrve his Majefty's Peri'm.
Obiect. 2. * That the King is in England,- and
' therefore to be difpcfed of by both Hiufes of Par-
* liament, and cannot be difpofcd of by the Scots Army :
* And thy* the Kingdom ^/"Scotland may prciarid to an
1 Interejl and Power in the difpojing of the King,
' yet they can have no Excrcife of that Poiver in Eng-
' land : And albeit //;.- Scots Army, according ty
* the Treaty ia'tiusen tie Kingdoms, be only fubjeSt
'-to fuch Resolutions as are mutually agreed upon,
1 by both Kingdoms, or their Committees appointed in
' that Behalf; yet tins is only to be uwhrftood in
' ordering and regulating of the Scots Fjrces for
' profccut'mg the War ; and the Treaty extends ni
further.
Anf. * Although his Majefty's riding one Day's
' Journey might wholly lubvert the Grounds of
* this Objection ; yet we fliall not infift upon this
' Anfwer, beeaufe we conceive it toucheth not
* the true State of the Queftion. It hath been al-
4 ready cleared what is not, and what is, the State
' of the Queftion ; v/!iich "being remembred we do
1 afTert, That the King coining voluntarily to the
' Scots Army, they cannot, in Duty, deliver him
1 againfthis Will to the Houfes of Parliament, with-
4 out Confent of the Kingdom of Scotland: For
' the Being in England takes not awav the Rela-
' tion between the King and his Subjects of the
' Kingdom of Scotland^ nor ou :ht it to impede
* the Performance of the mutual Duties founded
' upon that Relation: For Allegiance hath no
* Limitation of Place, being grounded upon the
* Law of Nature as well as the Livv Municipal*
VOL. XV, I « and
The Parliamentary HISTORY
and f0 is rather univerfal than local. The Dif-
ference of Place takes not away the Relation and
mutual Duties between Parents and Children ;
* and it is not the Place but the kelation which
* gives Intereft to thedifpofmg of the Perfonofth'e
' King. As his being in England takes not away
e the Relation between him and his Subjects of
' Scotland^ fo it doth not infringe the mutual Ob-
* ligations and folemn Engagements between the
* Kingdoms, for joint Councils in Profecution of
* the War and fettling of the Peace ; the King's
* Coming to the 3t9tt Army being an Emergency
' of our joint War; and the right Difpofal of his
e Perfon, the only Mean, for the prefent, of our
« joint Security and Peace. Neither can the King's
' being in England prejudge any Right or Privi-
< lege of either Kingdom ; for it is the Fundamental
* Right and Privilege of the Parliament of Scotland^
* and the Liberty of that Kingdom, (as weacknow-
* ledge it to be the Right and Privilege of the
*. Kingdom of England] that the Perfori of their
' King ought not to be difpofed ofj but with their
' Advice and Confent. The Place of the King's
' Refidence (as was anfwered to us, when in the
' Large Treaty it was defired his Majefty might
' fome Times refide in Scotland] is at his own Elec-
*< tion, iri either of the Kingdoms as the Exigence
* of Affairs fball require, and he fhall think fit;
* or elfe muft be determined by the mutual Advice
' and Confent of both Kingdoms.
' From all which Grounds it is apparent, that
c the Kingdom where he refides fdr the Timc^
* may do no Act which may hinder his Majefty
c to perform, the Office and Duty of a King to
6 the Kingdom from which he is abfent in Per-
-* fonj nor impede him to repair to that Kingdom*
*• when the Affairs thereof fhall neceilarily require
*• it. Othervvife, if the Kin:;doin where his Ma-
« jeft refides hath the fulc Irt,-reft and Right to
* difpofe of his Perfon, the Eftatcs of thcParlia-
* ment cf Scotland might, upon former Occafions,
* andfflayngw, jfl caic the King and Prince fhall
* i c| ; ir
of E N G L A N D,
repair to Scotland, lawfully detain therri thefej An
and make it the Place of the ordinary Refidence
of them and their Pofterity, without the Confent
of the Kingdom of England, which we acknow-
ledge could not be done without a manifeft Pre-
judice and Injury to this Kingdom. Wherefore
we cannot but conclude, That wherefoever the
King bej in Scotland or England, he being the
King of both, ought to be difpofed of for the
Good and with the Cortfent of both Kingdoms.
And if it be confidered that the Scots Army was
invited and called into this Kingdom by both
Houfes, in a Treaty for profecuting the Ends of
a Solemn League and Covenant, whereof one is
to preferve and defend his Majefty's Perfon, there
can remain no Doubt concerning the Exercife of
that Right and Intereft in this Kingdom: And
therefore it feems very ftrange that when, upon
Invitation, they are come into England^ as for o-
ther Ends, fo to defend his Majefty's Perfon,
their being in England mould be made ufe of as
an Argument why theyfhould deliver up the Per-
fon of their King to be difpofed of as both Houfes
fhall think fit. ^Whereas it is alledged, That
the Treaty extends no further than to the order-
ing and regulating of the Scots Forces in rela-
tion to the War; although this be really an-
fwered from the Nature of the Thing, the King's
Coming to the Scots Army being an Emergency
of the War; and fothe Delivering of his Perfon
comes under the Regulation and Direction of
both Kingdoms or their Committees, as an Act
of the St:<,ts Army; yet, that all Doubts may be
removed, we further add, That it is clear from the
third Article of the Treaty, that the Scots Army
is to receive the Directions of both Kingdoms or
of their Committees, in all Things which may
concern the PurCuance of the Ends of the Cove-
nant and Treaty, whether in relation to Peace os
War. In the eighth Article of the Treaty, no
Ceflation, Pacification, or Agreement for Peace
whatfoeyer, is to be maiic by either Kingdom,
la f or
132 <fbe Parliamentary HISTORY
An- \\ ?*r< *' ' or t'ne ArmY °f e'!ther Kingdom, without the
t * .^" j ' Advice and Confent of both Kingdoms. And in
October. c the ninth Article, all Differences ariiing between
* the Subjects of the two Nations are to be refoi-
.' vcd ?.n:. determined by the mutual Advice and .
* Confentof both Kingdoms.
Object. 3. * T/xit the Scots Army did carry away
c the King from the Leaguer before Newark, when
* there teas a Committee of both Houfes there, with-
' out fe e king their Confent ; and that they have fince
4 difpsfed of him without Confent of the Houfes of
* Parliament ; whereas, by the Treaty, they ought ts
* dc nothing without a joint Refoltttion of both King-
* doms, or their Committees.
An^* * No fooner, did the King come into the
* Scots Armv, but the very fame Day the Com-
* mittee of Eftates of Scotland, refiding with that,
* Army, did acquaint the Commiflioners of both
' Houfes therewith; 2nd not fatisf\ing themfelvcs
* with this, the Day following they wrote a Letter
' to the Ccmnictee of Scotland, refiding at Edin-
* burgh, and another to the Committee of both
' Kingdoms here, which was communicated to
* both Houfes, defiring the Advice of this King-
' dom, as in a Matter of common Intereft, and
* dcci.i'-ir.g they would obey the joint Rcfolutions
1 of both Kingdoms; yet r.o Anfwer or Advice
* was ret; them, eith-.-r from the Houfes
1 or ihoirCc-r-iiTioners. But immediately afeer the
1 Surrender of Newark ^ they received In formation
' that 5000 Horfe and Dragoons, from Sii 'Thomas
* Fairfax's Army, were upoi their March towards
* them Northward, which f,ie Honourable Honfe
' of Peers w?.s pleafed to sive Orders to flop, there
4 being no Enem^' in thofc Parts to be oppofed :
' Upon Confkleration whereof, theQuanerswhere-
4 in they Imd frayed, t':i iri! the Siege of Newark,
1 being extremely exhaufred, i.nr4 the Service for
* which they c;-me thither bti;
* preventing Miil.ikcs or new T.roi
* the Kingdoms, they rt moved ini •'.:•.!
' the King, as he came unto them ui
*
of ENGLAND. i33
* cord, did voluntarily march along with them. An. i* Car. r.
* Upon feveral Occafions afterwards, they and we t __-l6^G'i_J
'did earneftly defire the Honourable Houfes to
I r i *~i • • • i -i CJttOBCT.
lend a Committee, to join ana co-operate v/ith
' the Committee of Eftates there upon the Place,'
' in all Things according to the Treaty ; but no
Anfwerwas returned. And, from Time to Time,
' the Houfes were acquainted with the Proceedings'
' in that Army; which were, according to the Co-
* venant, and the known Refolutions ofboth King-
' doms, to debar all fuch of both or either King-'
* doms as had been in Arms againft the Parliament,
' from coming into their Quarters, or to the Court,
4 or to the King's Perfon, according to the Defire of
' the Houfe of Peers. And whereas it is affirmed,
' That by the Treaty, the Scots Army ouo;ht to do
' nothing without a joint Refolutionof both King-
* doms, or their Committees; there is no fuch
' Claufe in the Treaty : But they are to befubjrcl: to
* fuch Refolutions as are, and (hall be, agreed i<pou
* and concluded mutually between the Kingdoms
* and their Committes; as, by Ordinanceof Parlia-
4 ment, the Army under the Command of the Enil
' of EJJfx, or of Sir Thomas Fairfax, was to receive
* and obferve the Directions or the Committee of
* both Kingdoms fitting-at Jyejlm'mfter^ but in cafe
* no new Directions were fent unto them, they were
* left to former Orders, if any were, or otherwife
* to their own Judgment'and Difcretion. There
* was never -any fuch Refolution agreed upon be-
* twcen the Kingdoms, or their Committees, as
* that the Scots Army (hould not receive the King,
* if he came unto them ; but it is an Agreement
* between the Kingdoms, in the Covenant, that
* they fhould preferve and defend his Majefty's
4 Perfon; and, in the Declarations of both King,
* doms, to refcue him from the common Enemy:
' So that the Scsts Army having often delired to
' know the Direction and Advice of the Houfes
' of Parliament, concerning the King, and no
* new Directions being fignified unto them, ac-
I 3 ' cording
134 <flx Parliamentary HISTORY
' *\ <6*r" *' * Corc^n2 to tne Treaty, they were to obferve the
_ .'v ' _i * Directions and Refolutions formerly agreed up-
CAober. ' on between the Kingdoms. And as the Scots
' Army do, and will ever, acknowledge that they
'< claim no Power to difpofe of the King's Perfon;
' but are fubject to, and {hall be ready to follow,
' whatfoever both Kingdoms (hall agree upon, as
* belt for the King and Kingdoms : To their keep-
' ing and preferring his Majeity's Perfon, (as they
' would do to any Perfon of his Eminency and
' Relation in an Army or Garrifon-Town) with-
* out the lead Thought of hindering his voluntary
* Return to his Parliament, cannot be reputed or
* called a Difpofmg of his Perfon.
Object. 4. ' If any Peer of England go to the Scots
* Army^ and deftre their Protefliox, can he not be
' dijpofed of without the CoHJent of the Committee
* of Ejiates of the Kingdom of Scotland refiding
* with that Army?
Anf. '• There is a wide and manifcft Difference
' betwixt the Relation the Scots Army hath to any
' Subject of England^ and the Relation they have
* to their King ; which are fuffkiejnly diftinguifhed
•* in the third and fourth Articles of the Covenant:
' For, by the one, they are mutually obliged to pre-
* ferve and defend his Majefty's Perfon,; and, by
' the other, they a«-e mutually obliged to endeavour
' that all Incendiaries and Dividers betwixt the
* King and his People, or betwixt the Kingdoms,
' be brought to Trial and condign Punifhmentbe-
* fore the Supreme Judicatories of the Kingdoms^
4 respectively : And the Kingdom of Scotland hath
* equal Right and Intereft with the Kingdomof En*
* gland) in the Difpofal of the Perfon of the King,
* which they cannot pretend unto concerning the
* Perfon of any Subject 6f England.
Object. 5, ' Tkqt feeing it is alledged by us, TJ.vt
' the Difpoftng cf the King's Perfon comes in Place
* of a Peace i then the Receiving of the King ints
* the Scots Arwy, -without Csnfcut of the Hwfes, is
* »..:v;';-.A/..v/ i(, 'the waking of a Pi-aft • wilt.-cvt CM-
' Jent
if E N G L A N D.
* fent of the Kingdom of England, contrary to the An-
* eighth Article of the Treaty. t
Anf. 4 It h;ith been fufB.'iently anfwercd before,
* That the Scots Army neither hath, nor will, take
4 upon them to difpofe of the J£ing. He came
4 unto them without Capitulation or Treaty j his
4 R'efidonce wifh them is voluntary and free; and
* they do nothing which may hinder him to come
* to his Houfes of Parliament. $ut jf the King-
* dom of Scotland fhould con Pent to the Defire of
* the Houfes, that they may have the fole Dilpofal
' of the Perfon of the King, (it b^ing that which
* comes in the Place of the Peace and Security of
4 both -Kingdoms) they will really quit the Right
4 and Intereft they have by the eighth Article of
* trie Treaty, concerning the making of a Peace :
4 for whiclj foever of the Kingdoms is acknow-
4 ledged tohavethe fole Difpofal of the King, may,
* without the other, make Peace with him, when,
* how, and in what Terms, they pleafe.
Object. 6. ' Thai England is a free Nation*
4 and in former Times it was in the reiver of the
4 Parliament of England to difpofe of their Kings-,
4 and if. one Kingdom pretend to a joint Right of dif-
4 po/ing af the King, while he is in the other •, it u
4 to entrench upon the former Liberty of tb.if King-
4 dom. %'hat the Kingdom 'of Scotland have no Rea~<
4 fen to dijlrujl the Ho>.tfes of Parliament^ who, when
4 the ' Kin^ /Lill be in their Power, will not difpofe;
4 of. him 'tthenuife than may conftj} with their Duty*
4 accenting to the Covenant and Treaty Between the
* Kingdoms.
Anf. <• We will not difpute what Power the
4 Houfes of Parliament formerly had to' difpofe of
4 the Perfon of their King, but whatfoever Power
4 or Right they have, the liice is due to theParlia-
4 ment of Scotland^ and fo the Perfon of the King
4 being common to both, ian'd invifible, cannot
4 bedifpofed of, butby Cohfcnt! ofhofh Kingdoms.
4 It were another Queftion indeed, if it were as in
' former Times, when we had different Kings; if
14 • there
1 36 The Parliamentary HISTORY
. aa Car. I. < there were not an Union of the Kingdoms under
1646. t one Head and Monarch; if there were neither
Oftober" ' Covenant nor Treaty between the Kingdoms :
' But fmce all thefe are, and that the Peace'
* and Security of both Kingdoms is fo much con-
4 cerned in the Difpofal of the King; not any one
,6 of them, without the other, can juftly pretend to
' the fole Judgment and Right to determine what
6 is beft and moft expedient for the Safety and
•c Security of both. Nor can it, in Reafon, be made
5 an Argument, that the one Kingdom diftrufts the
* other, becaufe the one will not renounce and re-
' fign all Right and Intereft they have in the Per-
' fon of the King, and Matter of their own Secu-
.' rity and Peace, to the Judgment and Determina-
' tion of the other; otherwife, according to this
^ Argument, where there is anyTruft, there {hould
' be no Contract between Perfon, and Perfon, nor
* Treaty between Nations : Or, if there be any
< Treaty or Agreement, the Performance or Nori-?
' performance of it, is to be left to Arbitrement.
,* But we cannot fee that this doth argue any Dif-
* fidence or Diftruft more than when private Per-
* fons, lending Money to the Public, defire Securi-
' ty, and will not depend upon Pleafure. And
c therefore, though it is not to be queftioned but
' the Houfes of Parliament would difpofe of the
* Perfon of the King, fo as might confift with
* their Duty in performing the Covenant and
' Treaty, yet this can be no Argument why
* the Scots Army {hould neglect their Duty; or the
* Kingdom of Scotland quit the Intereft and Right
' they have in the Perfon of the Kini^.
Objea. 7. « That the King is in the Po/effion of
6 the Scots Army ; and though a joint Advice and
* Confent of both Kingdoms be urged for his Dif-
' pofa/, yet, if ibe Houfes of Parliament agree
* not to what Scotland Jball defire, the King doth
.? Jlill remain in the Poiver of the Scots Army^ and
f fo the Parliament £/"Eng!and hath no Confent.
Anf. ' If this Artiginr.er.L \vcrp turned over, the
* 3^ergth or WeaknUd of it may the more ea-
' fily
of ENGLAND. 137
* fily appear : Suppofe the King were here *\.WcJl- An- •>•- £»• I'
* mlnjier^ it may be upon the fame Grounds urged, ^ ^*J ,
' That the Kingdom of Scotland would have no- oclober.
c Confent in his Difpofal ; and fo much the more
' that the Houfes claim the fole Intereft and Judg-
' mcnt to difpofe upon the King's Perfon, which
* we defire may be done jointly, as may be beft
* for the Security and Safety of both Kingdoms.
' And we fee no Reafon why it may not now be
' determined when he is in the Scots Army, (who are
' intruded by both, and fubjedt to the Refolution
' of both Kingdoms) as well as hereafter; fince he
' came thither of his o\vn Accord, and his Refi-
f dence there is voluntary. And if his Majefty
* fhall think fit to repair hither to his Houfes of
' Parliament, they fhall do no Act which may either
' hinder or difluade him, but cannot conftrain him,
* or deliver him to the Houfes to be difpofed of as
* they fhall thijik fit.
* It may now abundantly appear, from tha
4 Grounds and Configurations before expreiTed,
* that the Scots Army may not deliver up his Ma-
' jefty's Perfon to be difpofed of by the one King-
' dom, without the Confent of the other : Upon
' Suppofition whereof we fhall, in the next Place,
£ ( without prefuming to prefer ibe Ways, or impofe
* Conditions) exprefs ourfelv^s concerning fome
' Expedients, which, in Reference to his Majefty,
* deferve to be looked upon, confidered of, and
* compared together; where we fhall only premife
* thus much, That whatever Way fball be taken,
' if the right End be looked at, his Majefty 's Per-
' fon ought to be fo difpofed of, as may ferve moft
' for the Safety and Happinefsof the King himfelf;
* for the common Peace and Security of the
' Kingdoms, united in this Caufe by the Solemn
' League and Covenant; and as may beft agree
c with their Duty, Covenant, and Treaties.
4 Thefe Ends being before our Eyes, although
' it be moft eligible and bed of all that his Ma-
' jeftyfhould, without further Dehy, forth with give
' Satisfaction
138 T&e Parliamentary HISTORY
az car. I. < Satisfaction in the Propofitions of Peace, (whicfc
l6*6' _, ' hath been with all Inftancy prefled not only by
pftober. ' us> but by all the Judicatories of the Kingdom
' of Scotland] and fo return fully reconciled to his
4 Houfes of Parliament : Yet fmce, to our unfpeak-
' able Grief, this hath not been as yet obtained,
* we do propofe that his Majeftyfs Coming to Lon-
* don, or to fome of his Houfes near London, with
* Safety, Freedom, and Honour, (which is defired
* by himfelf that he may be hear'd, and that, upon
* the clearing of his Doubts, he" may 'knowingly
' giveafatisfa£tory Anfwer to the Propofitions;) is
* much better than the other Ways which may be
* expe£ted, in cafe this his Majefty's Defiresbe not
* agreed unto. As for hjs Majefty's going to Ire-
4 land, or other 'where beyond Sea, it could 'not
4 be the Way to a prefent Peace now fo much He-
' ftred; but would certainly prognofticate new
* Troubles. Laftly, His Majefty's Coming hither,
* or near this Place, is a more probable and hope-
* ful Way to preferve the Union of the Kingdoms;
* becaufe the Enemy being ftill in Arms in Scot-
' land, and expecting Supplies from Ireland^ and
* the Kingdom difabled, by their great Sufferings,
*' to entertain an Army for fupprefling the Malig-
4 nant Party, it were much moreeafy to raife new
': Forces there, to the Difturbance of the Peace of
' this Kingdom, than it could be here; where, by
' the Bleffing of God, all the Forces and Garri-
* fons of the Enemy are fubdued, and where it
' will not be fo difficult to hinder Delinquents from
« Accefs to his Majeuy. The Dangers and In-
4 conveniences of any of thefe other Ways do fo
' much preponderate, and the prefent Condition of
' Affairs doth fo much differ from that Time, when
* both Houfes, with our Concurrence, did difagrce
* from his Majefty's Defire of coming to London^
' (at which Time he had both GarrilbnsandField-
' Forces unreduced) that it 'may be conceived not
' only fafe, but, as Things ftand, moft convenient
4 to agree ty hie Majefty's Coming to London^ or
4 near
gf ENGLAND,
* near it; upon fuch Conditions and Aflurances An.
* from him, as (hall be, by joint Refolution, found
' neceffary for preventing the Accefs of Delinquents
* to his Majefty, or an inteitinc Coirmotion, or
' foreign Invafioh, to the Difturbance of the Peace
' of either Kingdom. We truft it might accele-
* rate a happy Peace, bring the prefent Differences
' to an End, and be no Grief of Heart afterwards,
< if, upon fuch Terms and Conditions, both Houfes
* fhould be pleafed to revive and renew fuch an In-
* vitation and Affurance upon their Part, as was
* contained in thejr Anfwer to his Majefty's Mef-
* fageof the nth of September, 1642; where, after
' Mention made of their chief Grievances, it was
' added, All this 'not with/landing, as we never gavf
« your Majejly any jujl Caufe of withdrawing your-
* fe-lf from your great Council \ fo it hath ever been
* and Jhall ever be, far from us to give any Impedi-
' ment to ytur Return ; or to negletf any proper
' Means «f curing the Di/iempers of the Kingdom^
* and clofuig the dangerous Breaches betwixt your
* Majejiy and your Parliament? according to the
' great Truft which lies upon us. And, if your Ma-
' jefty fatt now be pica fed to come buck to ycur
' Parliament without ycur Fcrcfi^ we Jhall be ready
' to fecure your Royal Psrfon, Crcwn, and Dig-
' «//y, with our Lives and Fortunes ; your Pre-
' fence in this great Council being the only Means of
' any Treaty betwixt your Majeftt and them^ with
' Hope of Succcfi. Divers fuch Paflajjes there are
' in the Declarations of both Houfes, which we
* (hall not neeu tomention.
* But if the Houfes of Parliament fhall not agree
' to his Majefty's Defire of coming hither with
' Safety, Freedom, and Honour, we offer to be
' confidered in the next Place, whether it be not
* expedient, that once again Commiflioners be
' fent to his Majefty, in Name of both Kingdoms,
* with Power to hear his Deftres, and to endeavour
* the Satisfaction of his Doubts and Scruples; with
4 Intimation alfo, That if his M^;tlry fhall not
* give Satisfadtioji 4iv the :Propoikion«, 'both King-
1 donis
j 40 *The Parliamentary HISTORY
An. i2 Car. I. « doms will, without any more fuch Applications,
__j ( cor.fult and jointly refolve upon other Ways of
October. ' their Safety and Security. And upon the other
' Part, That if his Majefty will be now, at laft
* gracioufly pleafed to fatisfy the Defires of both
' Kingdoms, his Majefty's Throne, with his juft
' Power and Greatnefs, fliall be eftabliflied, as well
' as the Peace and Security of his Subjects.
' All which we do propound in a Brotherly
' Freedom, not being peremptorily wedded or ad-
* dieted to any Expedient that we have offered j
* but, if the Honourable Houfes, in their Wifdom,
* {hall be pleafed to think of any other Expedient
* which fliall be for the Good, Safety, and Ho-
' nour of the King and Kingdoms, we {hall be
' mcft willing and ready to agree unto it, when it
* {hall be made known unto us; not doubting but
* that, jn the faithful and confcionable Ufe of
* all good and poffible Means, which may pre-
' vent Differences between the Kingdoms, there
* will be, at laft, a fweet and brotherly Agreement
' in fuch a Conclufion, as {hall be good in God's
' Eyes, and wherein both Kingdoms fliall find the
' greateft Comfort and Happinefs.
By Command of the CornmiJJloners for the Par~
liament of Scotland.
JOHN CHIESLEY.
4 fecond Paper from the COMMISSIONERS of tke
PARLIAMENT <j/" Scotland, dattdQSt. 20.
HAving received the Votes of both Houfes
of the 24th of September, declaring, That
vvhatfoever Conference, Confultation, or Debate
fliall be with the Commiflioners of Scotland, con-
cerning the Difpofal of the Perfon of the King,
ic fliall not be underftood to be any Capitulation
in relation to the retarding of the March of the
Sects Armyout of this Kingdom, or of any Treaty
between the Kingdoms concerning the fame :
And being defired to give an Anfwer hereunto
before we entered upon the Conference, as we
i * did
Another on &e
:'-meSubje£t
^/ENGLAND. 141
| did then, fb we do now again declare, That our An. »* Car. I.
Conference, Confultation, or Debate with the . * * ' j
Honourable Houfes concerning the Difpofal of oftober.
the Perfon of the King, fhall not retard or be
any Hindrance to the March of the Scots Army
out of this Kingdom, or to any Treaty concern-
ing the fame. And that it may be manifeft how
fenfible we are of the unneceflary Burthens con-
tinued in this Kingdom, by keeping Armies on
' Foot after the War is at an 'End ; and that it may
fully and clearly appear how really it is defired
by the Scots Army, that, without Delay, they may
march out of this Kingdom, with the fame Af-
fection and Chearfulnefs that they came in for the
* Affiftance of their Brethren. And to the end all
Jealoufies, Miftakes, or Mifunderftandings of
' our Intentions may be removed, we do further
4 declare, That we are willing and ready to meet
c with fuch as the Honourable Houfes {hall ap-
4 point, and within twenty-four Hours to agree
< concerning the Time and Place of the Payment
' of the 200,000 /. and the Security to be given
* for the other; and to appoint a Day wherein our
* Forces mail march out of the Town and Caftleof
* Neiucajlle, out of Tinmouth Cattle, Hartlepool^
. * Stockton, Thirlwal, and all other Places within this
* Kingdom, (Berwick and Carlijle being difpofed of
4 according to the refpe&ive Treaties between the
* Kingdoms,) and likewife for marching of our Ar-
' my out of this Kingdom, which in regard the
' \Vinter doth raft approach, and for other import-
* ant Reafons, we earneftly defire may be with all
* poffible Expedition: And, for this End, that the
' Money may be fpeedily lent unto them ; for the
' fooner they mail receive it the more acceptable
' it will be, and give the greater Satisfaction, and
' the irripoverimed and exhauilcd Country will be
* the "fooner eafed. And fince the Caufe of. their
. ' Stay and Continuance in this Kingdom is iKt
* upon their Part; and that for thefe fix Months
* paft they have received no Pay, whereby they are
*' exceedingly ftraitened in their Barters, and the
. * Norther a
tfhe Parliamentary HISTORY
Northern Parts where they remain greatly ovcr-
burthened ; we do earneftly intreat that, in the"
mean Time, (with the 5coo/. at Nottingham al-
ready accounted unto them) fotne competent Pro-
portioffof Money may be fent unto the Army for
their neceiTary Entertainment} or otherwife they
will be forced to enlarge their Quarters for the
Eafe of the Country. In all which we are the
more defirous to come to a Clofe* that within
few Days fome of our Number muft repair to trie
Scots Army, arid from thence to the Parliament
of Scotland, (which is to fit the fecond of No-
vember next) to give an Account of our Proceed-
ings ; and therefore we do earneftly intreat the
fpeedy An fwer of the Honourable Houfes.'
By Command of the Comtttjjitnen for the ParliA-
mutt of Scotland.
JOHN CHIESLEY,
Off. 21. On the reading of the foregoing Papers
of the St-ctt Commiflioners in the Houfe of Lords,
after Debate thereupon, it was moved that this
Vote fhould be put, ' That a Committee (hall be
appointed to join with a proportionable Number of
the Houfe of Commons, to confult and debate whh
the Commiflioners of Scotland, concerning fuch
Things that may fettle the Peace, Profperity, and
brotherly Amity of the two Kingdoms of England
anASiotlund.' But, on a fecond Motion, 'Thatthefe
Words, in Relation to the Klng^ fhould be added,
it was put to the Queftion, and carried in the Af-
firmative.' Then the whole Vote, with this Ad-
dition at the End of it, being read, it alfo pafled
in the fame Manner. The Reader may pleafe
to take particular Notice of this Vote, becaufe
fomewhat material depends upon it in the Sequel.
OR. 26. The faid Papers were read in the
Houfe of Commons, when a great Debate arofcj
and afterwards it was ordered by that Houfe, That
they fhould be referred to the Confideration of the
fame Committee, who formerly managed the Con-
4 c ferenoe
of E N G L A N D. 143
fcicnce with the Commiflioners of Scotland about *»•
the Difpofal of the King's Perfon, to prepare an
Anfwer to thetn, and report it to the Houfe, In
this Debate we find that Thomas Challoner, Efq ;
Member for Richmond r, fpoke as follows (a] :
Mr. Speaker, Mr Cha,Ioner,s
< \7 OU have juft now heard two Papers read speech upon the
JL before you, from the Commiflioners of Scot- foregoing Papers
land; the firft concerning the Difpofal of the ^"Odf cim-
Kirig's Perfon ; the other touching the Diftrac- molttf
tioris of the North, by reafon, as they fay, of the
Non-payment of their Army: I (hall fpeak no-
thing to the latter, becaufe it hath been fo fufE-
cicntly anfv/er'd by divers knowing Members of this
Houfe. To the firft I {hall wholly apply rnvfelf,
becaufclittle ornothing hath been faid to that Point.
1 The Queftion then before you is about the
Difpofal of the King's Perfon. You fay, That he
is to be difpofed of as both Houfes of Parliament
(hall think fitting; but your Brethren of Scotland
fay, He is to be difpofed of as both Kingdoms fhall
think fitting; and they fortify their Affirmation
with thefe Reafons :
* They fay, That he is not only King of England,
butalfo King of Scotland; and as you have an Inte-
reft in him, he being King of England, fo have they
ho lefs Intereft in him, he being King of Scotland.
And as they have not the fole Interett ift him, he
being King of Scotland, becaufe they acknowledge
withall that he is King of England; fo have not you
the fole Intereft In him, he being King of England,
Uccaufe they defire you to remember that he is
alfo King of Scotland: So as neither Nation having
a fole, but a joint, Intereft in his Perfon^ they
ought jointly to difpofeof it for the Weal and Be-
nchtof both Kingdoms.
1 This I take to be the whole Scope of their Ar-
gument, which they have reprefented unto you
under
(4' From the original Edition, printed by frardi Ltacb.
This Gentleman wan elected in Of}. 1645, in the room of Sir
Tltirijf Dsnbj, expelled for taking Part with the King,
144 ^e bi&tntdry HISTORY
An. 22 Car. I. under fo many Difguifcs, and as it \vere by Mul-
l6-*6- tiplying Glailes, infomuch as the bare Relating of
^ ta^es UP tnree large Sheets of Paper.
* But while they debate this great Queftion with
you, touching the Difpofal of the King's Perfon ;
and while they pofitively a£rm that he is to bedif-
pofed of by the joint Conlent of both Nations, give
me Leave to remember you that, in the mean
Time, they difpofe wholly of him themfelves; and
fo have dono for thefc fix Months, and may for fix
Months L:?ger, for any thing I can gather out of
th-fc Papers.
* T^heir Argument runs thus : Wherefoever the
Kingdom of Scotland hath an Intereft in their King,
hey niny difpofe of him: But the Kingdom
of Scotland hath an Intereft in their King, he be-
ih England-^ therefore in England they may dif-
poieof him.
« Sir, This may feemat the firft to fome to be
fr and fpecious Argument; but, let it be well
confidered, it will prove erroneous and fallacious.
For, in the major Propofition, they underftand
one Thing by the Word King-, and, in the minor
Propofiti. n, they underftand anothc. Thing by
the Word Kir.'g; and fo here is a Conclufion in-
• ferred which thePremiflcs will not warrant.
' For the clearing whereof, I pray, Sir, remem-
ber that this Word King is of a various Signifi-
cation ; fometimcs it is taken in abftrafto, that is
for the Royal Power, Function, and Office of a
Kins;; fometimes it is taken in concrete>9 that is, for
the Man or Perfon whom we call King.
* If their major Propofition be taken in thehrft
Senfe, we fhall never denv it them; nay, xve fhall
acknowledge that the King of Scotland^ being ta-
ken in abjlrago, we have nothing to do with him
at all; he is folely and totally theirs. God forbid
that a King of Scotland, going out of his King-
dom, fhould either make Scotland ceafe to be a
Kingdom, or give any Participation of Intereft to
that Country where he doth refide : Let his Perfon
refide in the furthcft Ports of the Earth, yet Jhe
Royal
if E N G L A N D. 145
Royal Office and Capacity of the King refideth An. J2 c»r. I.
ftill in Scotland: They have his Sword to do Ju- *646.
ftice by ; they have his Sceptre to (hew Mercy by ;
they have his Seal to confirm what they pleafe by;
and they have his Laws to govern by: And in this
Senfe it is only meant that the King is never under
Years, never dies, cannot be deceived, can neither
do Wrong or take Wrong of any Body ; and, in
this Senfc, we fight for King and Parliament, tho'
the Perfon of the Kins; be in Oppofuion to both ;
and in this Senfe the Returns and Tefts of the
King's Writs are, coram me-ipfo apud Weftmona-
frerium, and te/le me-ipfo apud Wellmonafterium,
let the Perfon of the King at the fame Time be in
France, or the remotcft Country in the World :
But a King of Scotland, taken in this Senfe, is ne-
ver out of Scotland; and, therefore, whereas they
fay in the minor Propofition, That the Kingdom of
Scotland hath an Intereji in their King, he being in
England, this mud needs be meant of a King in
concrete ; that is, only of the Perfon of their King,
and not of his Royal Capacity. And in this Senfc
we muft deny that they have any thing at all to do
with him ; for tho' the Royal Office of the King
of Scotland is folely to be difpofed of by the State
of Scotland^ yet it is not fo with his Perfon; foj
Perfona fequitur Locum ; and his Perfon muft be
difpofed of by the fupreme Power of that Country
wherefoever he fhall happen to abide. Suppofc a
King of Scotland fhould be in Spain, will they fay
they have as great an Intcreft to difpofe of his Per-
fon there as in Scotland? I think they will not fay
fo ; and yet they did affirm laft Day at the Confe-
rence, That they had as good Right to diipofe of his
Perfon at IVejJm'infter^ as they had at Edinburgh:
But, under their Favour, England is as dirtincta
Kingdom from Scotland as Spain: It is as diftinft
in Laws, diftincl in Privileges, diftin£l in Intereft:
it is luither fubordinate to, nor dependant on, Scot'
land; and they can no more difpofu of a King of
Scotland's Perfon he being in England^ than if he
were in Spain*
VOL. XV. K < I fhall
14.6 ^fhe Parliamentary HISTORY
An' ?6 ?r' L ' T fha11 take this as granted for g°od Law»
. l * > let the Perfon of any Nation under the Sun, which
O&ober. is in Amity with England, happen to come into
England, that Perfon is forthwith a Subject of
England; for he, being protected by the Laws of
England, becomes thereby fubject to thofe Laws;
it being moft certain that Protettlo trahit Subjec-
tionem, et Subjeflio Protefiionem ; they being Re-
latives, the one cannot ftand without the other;
and as no Man can be faid to be a Father that
hath no Son, nor no Man a Hufband that hath no
Wife ; fo no Man can be faid to be protected that
is not withall thereby fubjedted : And fmce, with-
out fuch Protection, every Man may kill him and
deftroy him, it feems to ftand with no Proportion
of Juftice, that a Man fhould be protected in Life,
Limb, or Eftate by any Law, that will not fubjecl
himfelf to that Law.
' It cannot be denied but that there is a twofold
Subjection, legal and local; the legal Subjection
is due from a Subject to his natural Prince; the
local from any Foreigner to that Prince or State-
where his Perfon doth refide. And this, though
it be only pro Tempore, and the other during Life,
yet it doth, for the Time, totally obftruct the
Operation of the other Subjection : So that no
King can command any Subject of his, living out
of his Kingdom; but fuch Subject of his is to be
difpofedofby the fole Authority of that fupreme
Power where he makes his Refidence : And lince
the Queflion is only about the Perfon of a King of
Scotland, for I conceive they will not take upon
them any Authority to difpofe of the Perfon of a
King of England, I do affirm, That if a King of
Scotland {hould have come into England before the
Union of both thefe Kingdoms, he had been in-
ftantly a Subject of England, and his Perfon to be
difpofed of by the fole Authority of the Laws of
England', for either we muft take him as a King
or a Subject, fmce betwixt them two there is no
Medium ; as a King we cannot take him, unlefs we
{hould commit Treafon againft our natural Prince,
and
of E N G L A N D, 147
and fubjecl ourfelves to any but him ; it being mod An- ** c««
certain that there is the fame Relation betwixt the ( ' fe' __
King and his Subjects, as betwixt the Hufband oftober,
and his Wifej and as no Man can be faid to be a
Hulband but to his own Wife, fo no Man can be
faid to be a King but to his own Subjects; and
therefore we cannot admit of any Regality in the
Perfon of a King of Scotland coming into England^
unlefs, at the fame Time, to the fame Perfon, we
fhould confefs Subjection. For that it is moft true
that as none can be faid to be Rex fine Regno\ fo
no Man can be faid to be Rex but in Regno: There-
fore, if a King of Scotland^ coming as aforefaid into
England, if againft the Laws of England he de of-
fend, by thofe Laws of England he muft be tried,
and by none other ; for ubi guts delinqult^ ibi puni-
etur. And it is moft fure that we have difpofed of
the Perfons of Kings of Scotland, coming into
England^ both living and dead ; and if we may dif-
pofe of the Perfon of a King of Scotland, without
the Confent of the Kingdom of Scotland, much
more may we difpofe of the; Perfon of a King of
England^ he being now in England, without their
Privity or Advice: But if they have any Power to
difpofe of him, it is becaufe they are either our
Mafters or our Fellows : If they be our Mafters,
let them fhew the Time when they conquered us,
or the Price for which we were fold unto them :
If they be our Fellows, why come they not to our
Parliaments, why contribute they not to our Ne-
ceffities? But as it is apparent that they are two
diftinct Kingdoms, governed by two diftin& Laws ;
fo they ought not to intermeddle one with another's
Intereft, but to content themfelves with what doth
naturally appertain to each of them feverally*
* There is no Doubt to be made but that every
Hufband hath as great an Intereft in the Perfon of
his Wife, as any Subject hath in the Perfon of his
Sovereign ; and yet a Man may lofe that Intereft
by fome Act of his Wife's ; as if (he commit JPc-
lony, Murder, or Treafon, the Law difpofeth of
her Perfon, and her Hufband cannot claim any
^ 1 Riahs
The Parliamentary His TORT
I. Right fo much as to her dead Body : So faireth it
with a King, who, by going out of his Kingdom,
or by being taken Prifoner by his Enemies, his
Subje&s lole the Intereft they had in him, and he
is at the Difpofal of his Enemies Jure Belli. John
King of England was cited to appear at Paris, to
anfwer for the Death of Arthur Plantagenet Duke
of Britainy, whom he had murdered* The State
of England would not let him go, as holding it a
great Indignity and Incongruity that a King of
England ftiould anfwer for any thing at Paris,
right or wrong. The /"r^^anfwered, That they
cited him not as King of England, but as Duke
of Normandy, as King of England, they acknow-
ledged to have nothing to do with him, he was in
that Refpecl without them and beyond them ; but
as Duke of Normandy, which he held in Fee of
the Crown of France, he owed Fealty and Alle-
giance for the fame to the Crown of France, and
therefore ought to anfwer, The Englijh replied,
That if the Duke of Normandy did go, the King
of England muft go4, and if the Duke of Normandy
were beheaded, they knew well enough what would
become of the King of England. Upon large
Debate hereof by all the Lawyers in France, it
was refolved, that if John had been in Normandy
at the Time of his Summons, he ought to have
appeared; but he being extra Jurifdiftionem Regni
Francite at the Time of his Summons, and infra
Jurifdiflionem Rcgni Anglia, though legally he
were a Subject of France, yet locally he being in
England, his Summons was void, and he forfeited
nothing by his Non-Appearance.
* I will only urge onr Argument more, deduced
from a known Maxim of the Law, not only of Engr
land but of Scotland alfo, which the Commiffioners
of Scotland t\\e other Day at the Conference did cite
themfelves, in my Opinion much againft them-
fclves, and that is this, Qiunido duo Jura, inter
duo Regna, faith a great Lawyer, concurrant iff
una Perfona, ezquum ejl ac ft ejfint in diver/is;
which is no more than this, When two Kingdoms,
held
of ENGLAND. 149
held by two diftinft Titles, do concur in one and An. «> CM. J*
the fame Pcrfon, it is all one as if they were in .. ' * ' A
two diftin£t Perfons. I fuppofe here is our very odobw.
Cafe; here are two Kingdoms, England and Scot-
land, held by two diftin& Titles, which do both
concur in one Perfon, in the Perfon of King
Charles; it is all one faith this Rule and Maxim of
the Law, as if they were under two feveral Per-
foni. Why then put the Cafe, that there wer«
one King of England and another of Scotfandt
would the State of Scotland have any thing to do to
difpofc of the Perfon of a King of England^ he be-
ing in England? I think you will fay they could not.
4 Sir, I am forry that our Brethren have moved
this Question at this Time; for all Queftions
make Debates, and Debates Differences ; and this
were a Time for Brothers to reconcile Differences
rather than to make them. We have now li-
ved almoft 44 Years both under two Princes, and
in all this Time this Queftion was never ftirred in
till now ; had it been ftirred in, no qucftion but it -
had been rejected. The People of England would
have held it very ftrange that they could not have
difpofed of the Pcrfon of their own King; or that
a King of England could not have gone from
Whitehall to Richmond or Hampton-Court , without
the Will and Appointment of the Council of
Scotland-) they would have thought they had made
a bad Bargain by fuch an Union: For, before the
Union, they might have difpofed of the Perfon of
their Prince ; but after, not. And fince they con-
ceived that, by the Addition of Scotland^ there was
an Addition of Charge, they would have been very
forry withall to have had an Addition of Servility.
* Since the Beginning of the World there was
never before fuch a Contention about the Pcrfon
of a King. The Greeks and Trojans did contend
for a long Time in Fight about the dead Body of
Patroclus which of them fliould have it ; but
here is not a Contention about the dead Body of
a private Man, but about the living Body of a
King: Neither do we contend as they did, who
K 3 fliould.
150 The Parliamentary HISTORY
An. 21 Car. I. ftould have his Perfon ; but here you do contend,
v '. J6' j as far as I conceive, who (hall not have it. Your
Oftober, Brethren of Scotland fay pofitively, They will not
have the King's Perfon upon any Condition \vhat-
foever. It is now about fix Months part that you'
voted in this Houfe the Demanding of the King's
Perfon, but the Lords then refu fed tojoin with you;
ever fince, until this prefent, you yourfelf did ac-
quiefce, as if you had repented of your former
Vote: (h) Now he muft be put upon you, and with
fuch Terms as his prefent Guardians pleafe to al-
low of.
* Truly it feems ftrange to me, that an Army of
Scots, in Pay of the Kingdom of England, which,
by the Treaty, ought to be governed by the joint
Confent of the Committees of both Kingdoms up-
on the Place, fhould, in England, take a King of
England without the Privity of the Engli/h Com-
mittee, and convey him to Newcaftle, a Town
likewife of England; and fhould there keep him
for fix whole Months, without the Confent of
both Houfes of Parliament; and when they find
it not convenient for them to keep him any longer,
then they will capitulate with you upon what Con-
ditions you muft receive his Perfon.
4 I never thought to have found a King of En-
gland, his Perfon being in England, under any
other Protection but that of the Laws of England;
but now 1 find him under the Protedtion of a Scots
Army, whither they fay he is fled for Shelter, and
that they cannot render him up with Honour.
* Sir, if that Army of theirs be come into this
Kingdom as Brethren, Friends, and Confederates,
as we hope they are, then is every Perfon of that
Army, during the Time of his Stay here, locally
a Subject of England; and fuch Children as are
born to them here are not Aliens, but Denifons ;
and not only local, but legal Subjects of this King-
dom: And therefore they having gotten the King
into their Hands, they ought no more to capitu-
late
(b) See Vol. XIV. p. 386, and in thii Volume p. 99.
of ENGLAND. 151
late upon what Terms he fhould be delivered into An- **.£"• l'
yours, than if the Army of Sir Thomas Fairfax '
were in Pofleffion thereof; who, if they {hould deny
the furrendering of the King unto you, but upon
Condition, no queftion but it were capital.
* They fay, That by virtue of the Covenant
they are obliged to defend his Perfon and Autho-
rity. What his Authority is in Scotland themfelves
beft know; but you are only to judge of it in En-
gland, fince, being not fubordinate to any Power
on Eart'i, there is no Power under Heaven can
judge you. The Covenant ties you to maintain,
in the firft Place, the Rights of Parliament, and
the Liberties of the Kingdom; and, in the fecond
Place, the King's Perfon and Authority; and that
only in Defence of the former, and not otherwife.
And whereas they expcft the King {hould be re-
ceived by you with Honour, Safety, and Freedom,;
I befeech you, Sir, confider whether, as the Cafe
now ftands, his Reception with Honour can ftand
with the Honour of the Kingdom ; whether his
Safety be not incompatible with the Safety, you
Common-Wealth; and whether his Freedom be
not inconfiftent with the Freedom of the People.
' I pray, Sir, take heed left that, bringing him
in with Honour, you do not difhonour yourfelf,
and queftion the very Juftice of all your Actions;
be wary that, in receiving him with Safety, you
do not thereby endanger and hazard the Common-
Wealth; be ad vi fed, left, in bringing him home
with Freedom, you do not thereby lead the People
of England into Thraldem.
' I pray, Sir, firft fettle the Honour, Safety, and
Freedom of the Common- Wealth : and then the
Honour, Safety, and Freedom of the King ; fo far
as the latter may ftand with the former^ and not
otherwife.
4 Wherefore I {hall conclude with my humble
Defire, That you would adhere to your former
Vote; that is, That the King be difpofed of as
both Houfes of Parliament {hall think fitting; and
that you enter inten^o Treaty, either with the King
K 4 of
1 52
Parliamentary HISTORY
A Remonftrance
from the Scott
Coinmiflioner*,
requiring Pay for
their Army.
*z Car. I. or your Brethren of Scotland, left otherwife thereby
1646. vou retard the going home of their Army out of
~wl~Z~ England.'
The &-0rjCommiflioners not having received any
Anfwer to their Paper of the 2Oth of this Month,
relating to their Army in the North of England^
they fent the following Remonflrances, a few Days
after, to the Houfe of Lords, under Cover to their
Speaker (<?).
Right Honourable,
IT is very well known to the Honourable
Houfes, that the Scots Army, receiving no Pay
for thefe fix Months paft, have been forced to take
free Quarter from the Country People ; whereby
the Northern Counties have been extremely ex-
haufted and impoverifhed, and the Neceffities of
that Army in a great Meafure unfupplied. We
had refted fatisfied that thefe Things had been
already reprefented to both Houfes of Parliament,
and that the Inconveniences which might follow
thereupon were fufficiently underftood : But be-
ing advertifed, by feveral Letters, of the growing
Neceflities of the Army, and the infupportable
Burthen of thofe Parts where they do quarter ;
for our further Exoneration, and preventing the
great Dangers that may enfue, we have judged it
neceflary to acquaint the Honourable Houfes,
that it is rumoured abroad in the Northern Parts,
that the Country People have a Dcfign to fur-
prize and injure our Forces, as they lie difperfed
in their feveral Quarters. It were a Matter of
no great Difficulty tor the Scots Army, in a for-
cible Manner, to prevent or fupprefs any fuch In-
furredtion ; but they have refolveH to prefer the
Public Good, and a happy Correfpondence be-
tween the Kingdoms, to their own Safety : lit
purfuance whereof they have writtui Letters to
the Commitfee of Yorkjhire ?.nd other Counties,
carncftly defiring their Concurrence to prevent
« fuch
(«) From the EJinfarfb Edition laft cited.
of E N G L A N D. 153
fuch Inconveniences as may endanger the Peace An. iz Car.
and Union betwixt the Kingdoms: And have
given Dire&ion to the General Officers of the
Army to confer with the Gentlemen of the
Country, and to ufe their utmoft Endeavours to
remove all Jealoufies and Miftakesj and particu-
larly to acquaint them how earneftly defirous they
are, and have been for above thefe two Months
part, to remove out of this Kingdom, and re-
turn to their native Country. Upon which Con-
federations it is our renewed earneft Requeft to
the Honourable Houfes, that the fuft 200,000 /.
may be fpeedily raifed and fent to the Army, and
the Security for the other agreed upon, that they
may forthwith march out of this Kingdom ; or
otherwife that, in the mean Time, fome Courfe
may be taken for fupplying that Army, and
eafmgof the Country until the Money be raifed,
whereby the great Danger that is like to arife,
to the Dirturbance of the Peace betwixt the
Kingdoms, may be prevented : For if the Scots
Army (hall be forced to enlarge their Quar-
ters Southward, and, in the mean Time, Sir
'Thomas Fairfax's Army, as we are informed, do
enlarge their Quarters Northward into thofe har-
rafs'd and exhaufted Counties, it is eafy to fore-
fee that thefe Kingdoms may unhappily be again
embroiled into new and greater Troubles than
they have yet feen ; and what great Advantage
will be given to foreign Nations to make ufe of
our divided Intercfts to the Ruin of both All
which, out of the Confcience or our Duty, and
fincere Affection to the Peace and Happinefs of
thefe Kingdoms, we have thought ourfelves
bound timeoufly to make known ; and, againft
all Jealoufies and Mifapprchenfions, to give per-
fect mid full Aflurance, that, whutfoever Reports
or Sugijeftions there may be to the contrary, no
Porfuafion, Terror, Plot, nor Combination, ftiall
ever be able, directly or indirectly, to divide or
withdraw the Kingdom of Scotland, from a firm
Conjunction with this Kingdom ; but as they
' have
An. 2* Car. I.
1646.
The Parliamentary HISTORY
have done hitherto, fo for the future fhall conti-
nue, in purfuance of the Ends of our Solemn
League and Covenant, anil againft all Oppofi-
tion whether foreign or inteftine, to promote and
fettle the Peace of both Kingdoms; being very
confident that the Honourable Houfes, in their
Wifdom, will ferioufly apply themfelves to the
effectual Means for preventing the Dangers and
Evils reprefented ; for haftening the Return of
our Army, and fatisfying all our juft Defires
for fettling the Peace of thefe Kingdoms; which,
with conftant Zeal and fervent Affe&ion, fhall
ever be faithfully endeavoured by
Tour Lordjhip's
Oflotxrzo, 1646.
LOUDON,
LAUDERDALE,
A. JOHNSTON,
humble Servants,
HUGH KENNEDY,
ROBERT BARCLAY,
CHARLES ERSK.INE.
Another, com-
plaining of Pam-
phlets being
printed againft
them, &c.
Right Honourable^
UPON the nth of Augujl^ we did declare
how defirous the Kingdom of Scotland was
of the eafing of the Burthens and Preflures of this
Nation, and their Willingnefs forthwith to fur-
render the Garrifons, and recall their Army out
of this Kingdom, reafonable Satisfaction being
given for their Pains and Charges. And after
the Honourable Houfes had rcfolved upon the
Ways and Means for their Satisfaction, we
were prefied by them to come to a fpeedy
Agreement concerning the particular Time of
the Removal of our Army out of this Kingdom ;
which was infifted on with fo much Earneftnefs,
as, at the Conference in September laft, it was
required, that we fhould declare, That ourCon-
fultation about the Difpofing of the King (hould
be no Hindrance to the marching of our Army
out of this Kingdom, or to any Treaty concern-
ing the fame: To which we did not only wil-
lingly aflent, but have fmce declared, That we
were ready, within four- and-twenty Hours, toa-
2 ' agree
of ENGLAND.
1 gree concerning the Time and Place of the Pay- An.
6 meat of the firft 200,000 /. and the Security to
* be given for the other; and to appoint a Day for
* the Delivery of the Garrifons, and marching of
4 our Army out of this Kingdom. For above thefe
4 fix Months paft no Money hath been fent to our
' Army, nor hath any Courfe been taken for their
* Maintenance during that Time, but they have
4 been forced to quarter upon the Northern Coun-
4 ties ; of whofe Sufferings we have been fo fen-
4 fible, that there was no Means could occur to
4 us which might afford them Relief, but we have,
4 from Time to Time, reprefented the fame to the
4 Honourable Houfes : And we may, from certain
4 Knowledge, and with Confidence, fay, that, for
4 above thefe two Months paft, the Northern
4 Counties have been no more defirous to be
4 eafed of their Preffures, than the Scot) Army
4 hath been to remove out of this Kingdom,
4 and return to their native Country. All which
4 notwithftanding, we do perceive that our mali-
4 cious Enemies will never give over to calum-
* niate even our beft Actions and moft faithful En-
4 deavours; and, for their own bafe Ends, tofo-
4 ment and increafe Jealoufies and Differences be-
4 tween the Kingdoms, as may appear by a printed
4 Declaration here inclofed (d) ; which we do find to
4 be fo full of wicked Spight, bitter Invectives, and
4 deteftabje Lyes, againft the Scots Army; and fo
4 directly aiming to ftir up a Difa flection in the
4 People againft that Nation and Army, as we
4 could not but preient it to the View of the Ho-
4 nourable Houfes; earneftly defiring them feri-
4 oufly to confider how they would conftruct of it,
4 if Diurnals and Pamphlets of this Kind were
4 daily licenfed in the Kingdom of Scotland, to be
4 printed againft the Englifo Nation or Army, and
4 no Courfe taken for their Vindication; but
4 rather all Papers which miy clear their Proceed-
' ings denied to be licenfed, or flopped and fup-
4 prefled
(</) The Declaration, here rcferr'J to, It not printed with this
Remonftrance.
1 56 ffie Parliamentary HISTORY
iV*6?"' L ' P^fletl. We did long fmce, in our Paper of the
» ' iithof^K£&/7, exprefs our Confidence that the
' Honourable Houfes, in their Wifdom and Ju-
' ftice, would take fome Courfe to prevent fuch
' vile Abufes for the future; and have ever fmce
' been expecting to hear of their Refolutions for a
' fpecdy Redrefc. But having perceived that the
* Patience of the Houfes hath animated the Au-
' thors of fuch Pamphlets to return to their forn.er
' Boldnek, we are neceffitated to renew our for-
* mer Defires; being ftill confident that, if the
* Honourable Houfes could fpare but a little Time
* from their greater Affairs, upon the Perufal and
% Confederation of a few of theDiurnals and Pam-
' phlets that are almoft daily publifhed to the
* World, their Wifdom and Affection would nc-
' ver bear with fo many bafe Calumnies and re-
' proachful Afperfions as are therein caft upon their
* Brethren of Scotland, with whom they are tied
* by fo many Bonds and mutual Obligations. We
' fliall not further infift upon this Bufmtfr, expect-
' ing, upon what is already reprefented, to receive
* fpcedy Satisfaction; not doubting alfo but that
' the Honourable Houfes will, in their Wifdom
4 and Civility, give Order that the Speeches of the
* Lord-Chancellor of Scotland, lately feizcd on at
' thePrefs, (and which wereby himdifcharg'd to be
* publiftied till the Conference was reported to the
* Houfes) {hall be returned unto us. And to the
' end a happy Correfpondence, with Love and
* Amity, may be inviolably preferved between the
* Kingdoms, we do again earneftly defire, That
' all Inconveniences by approaching of Armies may
* be prevented; that fome Courfe may be taken
* for the prefent Maintenance of the 9c9tt Army,
* and Eafe of the Northern Parts; or, which w«
' much rather^ defire, that the 2co,oco/. may be
' forthwith provided and fentto that Army; and,
* without further Delay, that a Day may be agreed
' on for the Delivery of the Garrifons, and murch-
* ing of our Army out of this Kingdom; that, af-
' u-r all thcfe Troubles and heavv PrcfTurers of both
* King-
^ENGLAND. 157
« Kingdoms, they may at laft enjoy the Fruits of An- "Car. I.
« their Labours, a happy Peace, which is the earneft v _ *^ _ ,
4 Defireof Otobe-.
Tour Lordfap's
Wtretfler Haufe. , . „
9ft. 19, 1646. myt bumble Servants,
LOUDON, HUGH KENNEDY,
LAUDERDALE, ROBERT BARCLAY.
CHARLES ERSKINE,
Before we conclude the Tranfaftions of this T*« P»riiam«r
-4, n_ n i XT • ruo • attend the Fune-
Month, we mall take Notice of the Preparations rai0fthe
ordered for the Earl of EJJex's Funeral ; who was Eflor.
buried on the twenty-fecond, in Weftmttdter Abby,
with little lefs than Regal Pomp and Solemnity;
both Houfes of Parliament, the Lord Mayor, A1*
dermen, WV. and the Militia of the City of London^
marching in the Proceffion
The Lords, alfo, agreed to an Ordinance, fent An Ordinance
up by the Commons, for Difannulling and making for Tac«IDg a)I
void all Titles of Honour conferred by the King, b/th^King'finr
on all Pcrfons, ever fmce the Lord Littleton carried May 22, 164:
otf the Great Seal : And that they fhall not pre-
tend to fit or vote, as Peers, in the Parliament of
England, without the Confent of both Houfe* of
Parliament.
But before the putting the Qucftion for the paf-
fmg this Ordinance, the following Lords had afked
L^ave to diflent if it was carried againft them;
and accordingly we find this fhort Proteft entered,
viz. * That in refpecl the Ordinance fecms to be
perpetual, and not appearing to be fent to the
King for his Confent, whereby Things that are
to be perpetual might be fettled in the old Way, by
the three Eftates of the Kingdom, therefore they
diflented from the fame.
RUTLAND, HUVSDON,
LINCOLN, WILLOUGHBYJ
MIDDLESEX, NORTH,
SUFFOLK, ROBERTS.
MULGRAVI,
The
i58
Oftober.
The Parliantentary HISTORY
The two Houses had likewife a great Difpute
this Month, about nominating new Commiflioners
of the Great Seal, and feveral Conferences were
held about it. At' laft they agreed to constitute
the Speakers of both Houfes joint Commiflioners
to a£l in that Office for the Space of twenty
Days; but it was enlarged to a longer Time af-
terwards.
Laflly, in order to the effectual Extirpation of
all Epifcopal Power out of this Kingdom, the Par-
liament pafTed an Ordinance (£), the Preamble to
which runs thus: ' That for the abolifhing of
Archbifhops and Bifhops, and providing for the
Pavment of the juft and neceflary Debts of the
Kingdom, into which the fame had been drawn
by a War, mainly promoted by and in Favour of
the fakl Archbifhops and Bifhops, and other their
Adherents and Dependents, £5V.' And then it pro-
eeds to enadt, * That the Name, Title, Stile, and
Dignity of Archbifhop of Canierl;>.rj, Archbifhop
of York, Bifhops of Winchefter and Durham; and
of all other Bifhops in England and Walcs^ be,
from September 6, 1646, wholly abolifhed and
taken away, and their Lands, PofTeflions, and
Evidences thereof, fettled in Truftees, who are
to hold fuch Lands, as the Bifhops held of the
King, in Fee and common Soccage by Fealty;
and fuch Lands as they held of other than the
King by the accuftomed Rents and Services,
and difcharged of Tithes: That the Truftees
have Power to name Surveyors to put the Deeds
in fafe Cuftody, who are to take an Oath : That
Leafes not exceeding three Lives, or twenty-one
Years, whereupon an old Rent is referv'd, are
not to be avoided ; but Leafes made by the Bi-
fhops fmce the fiift of December, 1641, to be
void: That fuch Perfons who have furrendered
th:ir old Leafes fmce that- Time, to the end they
* might
(i) This 3rd the following Ordinance, which are very long, being
printed in Iluficmdit, ScobeFt, and Ruftnuort&s Collections, we judge
an Abftract of the moft material Claules of them fufficient for ou*
Purpofe.
of E N G L A N D. 159
' might have a new one granted, {hall enjoy their Al>' « Car. I.
« old Leafes ; with a Saving of the Right of all . l6* ' ,
4 Perfons other than the King and the Bifhops ; November.
' alfoto thofe who have adhered to the Parliament,
' fuch Eftates as they have forfeited for Non-
' payment of Rent, and faving, to the Earl of Pern-
' broke and Montgomery, Durbam-Houfe : That all
' Rents payable to charitable Ufes be continued :
' That the Sheriff prefent to the Judges a fit Per-
« fon to perform the Office of Ordinary : That
c Commiflions upon the Statute for chzritable Ufes
* fhall be valid, though the Bifhop be therein
' omirted : And that all Iflues, triable by the Or-
« dinary or Bifhop, (hall be tried by Jury in ufual
« Courfe.'
November. As the laft Month ended with an
Ordinance for verting the Temporalities of the
Bifhops in Truftees, &c. for the Ufe of the Pnblic ;
fo this began with another for the abfolute Sale of
them : It was fent up to the Houfe of Lords on the
third of this Month, where being canvaffed and de-
bated till the 1 6th, it palled, with fome Amend-
ments.
This Ordinance, after reciting the former, enacts, And for frfling
« That the Truftees therein named fhall ftand J^' Temp°"
c feized of, and receive, the Rents and Profits of
* the Bifhops Lands due after the firft of Novem-
* ber 1646: That they have Power to chufe their
* Counfel, and appoint Stewards of Manors and
' other Officers, who are to be paid by the Trea/-
* furers : That the Contractors for the Sale of the
* Premifles, therein named, be allowed Two-pence
* per Pound for every Sum they pay the Trcafu-
* rers : That the Truftees, or any five of them*
* have Power to convey, according to Contract of
* fix or more of the Contractors entsr'd and certifU
* ed to the Truftees ; none of whom are to be Con-
* tractors, nor any of the Contr^dors to be Purcha-
* fers : That the Purchafers fhall hold the Lands
« difcharged of all Trufts, Accounts, &V. and of
* all Incumbrances made by the Truftees ; who,
'as
160 7%e Partiamen'ary HISTORY
An. 2»% Car. i. < as well as the Comra&ors are to be indemnified :
f * That ai! Perfons Rights be faved which were fo
No»«nber * ^ f^e f°rmcr Ordinance : That the Jura Re-
' galla of the Bifhopricks of Durham and Ely re-
* main in the Truces named in the Ordinance
c for abolifhinj of Archbifhops and Biihops : That
' no Churches, C .aples, or Church-prds be fold :
' That the Aflcmbly of Divines be paid their Al-
' lovvance due to them by former Orders of Parlia-
' rncnt, with all their Arrears, out of the Reve-
* nues of the Archbifh prick of Canterbury, untill
' fuch Time t.s the Lands and Revenues of the
* Archbiihops and Bifhops be fold: That any
* Purchafer who {hall be evicted by any eigne
* Right, fsc. (hall have Recompence made him for
* tiie Money he has paid ; and, if required, an AcV
* of Parliament, or Letters Patent under the Great
* Se:.l, for the further AfTurancc of the Premifles
* to any Purchafer : That the Treafurers therein
* named have Power to take Subfcriptions for the
' raifmg 200,000 /. for the Service of the Com-
' monweaUh, who are, upon Certific ite, to afccr-
' tain 'the Money and Intereft upon the Public
' Faith, and to give Receipts for it : That Money
* due by this Ordinance may be aflign'd over :
' Perfons producing a forged Certificate to the
' Treafurers, to forfeit any Sum lent by them :
* That every Subfcriber pay his Subfcription with-
* in eight t)ays, on Pain of forfeiting what Mo-
' ney is due to him on the Public Faith, unlefs he
« (hew a reafonable Caufe to the contrary, to be
* allowed of by the Truftees : That the Treafu-
' rers pay no Part of the faid 200,000 /. fo to be
' raifed, but by Ordinance of Parliament ; nor any
c Money, that may come into their Hands by Sale
' of the Premifles, but by Warrant of the Truftees.
' That the Lenders be paid the fourth Part of their
' Money, in courfe as they paid in the fame, witb
* the Intcreft then due, as Money (hall arife by
' Sale of the Premifles ; but if they be Purchafcrs
' they may deduct all the Money due to them:
* That the Treafurers give in their Accounts every
* fix
rf E N G L A N D. 161
fix Weeks to the Committee for taking the Ac- An. 12 Car. j.
counts of the Kingdom, and have one Penny per ^ \ ' j
Pound allowed them for all M >ney by them re- November,
ceived and paid: That Henry Elfyng, Efq ;
Cleric of the Houfe of Commons, be Keeper of
all Records concerning the Lands, &c. of the
late Archbifhops and Bifhops; to whom Sur-
veyors and Contractors are to make their Re-
turns, and he to be allowed ioo/. per Annum and
other reifonable Fees for Writing, Rating, &c.
That the Truftees name Surveyors, any three or
more of whom (hall have Power to enquire
what Honours, Manors, Lordftiips, &c. did be-
long to any of the Archbiftiops or Bifhops, and
what Sums any of the Premiifes are chargeable
with for pious Ufes, and to make an exa& Sur-
vey; which Surveys are to be kept in fuch
PI ices as the Truftees (hall appoint: That the
Surveyors may keep Courts, caufe any Perfon to
{hew their Writings, and examine on Oathj
which they or the Truftees have Power to ad-
minifter, and to commit to Prifon fuch Perfons
as (hall refufe to take the fame, provided they
be not Peers: That the Commiffioners of Ex-
cile pay Intereft for the Money due by this Ordi-
nance every fix Months, after the Rate of 87. per
Cent. That Col. Robert Manwaring be appointed
Regiftcr-Accountant of all Accounts concerning
the Premilfes, with a Salary of 200 /. per Ann.
That Alderman John Fowke, of London^ be ap-
pointed Comptroller of all Entries, Receipts, and
Payments, with the like yearly Salary : And for
the better fecuring the Monies due by this Ordi-
nance, the Excife fettled on the nth of Septem- .
her, 1643, lhaM be continued, &cS Then fol-
low Inftruc>ions to be obferved by the Comptrol-
ler, the Contractors, the Surveyors, and the Re-
gifler.
Thus the Titles, Honours, and JurifdicYions of
B;fh ips were utterly abolifhed ; and their Lands
and Revenues all ordered to be fold, by an Ordi-
VOL. XV. L narice
The Parliamentary HISTORY
J* nartce of Parliament, without ever confulting th»
; King about it.
NoTember. There was fome Debate between the two Houfes
as to fetting a Price for the Purchafe of thefe
Lands ; the Lords being for eight Years Purchafe,
and the Commons for ten. The former gave thefe
Reafons for only eight : Firft, For the fpeedy Sale
of them, that the Monies may be fooner raifed by
them : Secondly, That thereby they may be the bet-
ter difperfed intofeveral Hands: And, thirdly, The
Lords had confidered of the Sales made of the Ab-
bey-Lands by King Henry the Eighth; and did
find, that their Lands were then fold at a far lower
Rate, although thofe Times were Times of Peace.
The latter argued, That the Biftiops Demefne
Lands were lett at a very low Rate, and they had a
great Addition to them to invite Purchasers, as
Houfes and Woods ; and therefore were to be fet
at a higher Rate than the other Lands, as being
the beft and faireft Security: That if their Lord-
fhips and fome of the Members of the Houfe of
Commons would be Purchafers of fome of the Bi-
fhops Lands, it would be an Honour and Credit to
the Sale : But if they and the Commons fhould
pull down the Rate to eight Years Purchafe, it
would be thought to be done on Purpofe to have
the eafier Bargains. The Lords were convinced
by thefe Reafons, and agreed to ten Years Pur-
chafe as it ftands in the Ordinance.
To (hew what Ufe the Parliament intended to
put fome of the Money to, ariiirg from this Sale,
we find the following Declaration agreed to by
both Houfes:
°f*jro- ' Be it declared, by the Lords and Commons
.to be in Parliament, That the firft ioo,coo/. which
paid'to the Scots, fhall be raifed, either by the Sale of the Bifhops
Lands, or on the Credit of the Ordinances which
are patted for that Purpofe, fhall be paid to our
Brethren ofSeftiauf9 upon the Marching of their
Army and Forces out of this Kingdom, at fuch
Time and Place as fhall be agreec upon. And
4 ' the
cf ENGLAND. 163
the next 50,000 /. fo raifed, at the End of three -An. a* Car. I.
Months after the former Payment ; and 5O,ooO/. t l6*6 '
more, raifed as aforefaid, at the End of nine Nove^bcr>
Months after the firft Payment. But, in cafe
the latter 1 00,000 /. fhall be more fpeedily pro-
cured, the fame fhall be fooner paid to them ;
although there be no Engagement for a more
fpeedy Payment, than at the Times before ex-
prefled.' '
Indeed the Scots Army, being ftill in the
Northern Parts in this Kingdom, was a grievous
Burthen to that Country to fupport. Many In-
ftances and Evidences of which, on good Authority,
were fent up to Parliament, and read in both Houfes.
And that a downright Rupture between the two
Nations was then expected, in which the fcattered
Royalifts in England might reap fome Advantage,
appears by the Houfe of Commons ordering
Guards to be placed at the feveral Pafles over the
RiverTnvz/; that they fhould take fpecial Care to
fuffer none to go Northward, without warrantable
Pafles ; and that all Perfons whatfoever, who had
borne Arms againft the Parliament, and other fu-
fpedled Perfons armed, fhould be flopped. But
the Scots Commiflioners, in order to clear their
Army from the Charge of being the Occalion of
thefe Oppreflions, prefented the following Me-
morial to the Houfe of Lords, addrefs'd to their
Speaker:
Right Honourable^ Nov. 3, 1646.
UPON Saturday Night we received from Tfce Scots VlndS-
your Lordfhips feveral Papers and Peti- cation againft the
tions, fent out of the Northern Parts of this
Kingdom, concerning the Sufferings of the In-
habitants there, and the Monies paid by them to
the Scots Army ; to which Papers, until we re*
ceive particular Information from our Army, we
return this Anfwer;
That we are informed by fome of the Officers
' of the Scots Arrry now in London, that the Inha-
le 2 ' bitantt
164
An. »a Car. I.
1646
November.
'The Parliamentary HISTORY
bitants of Cleveland, Bedale, and AJkrig, who fent
thefe Petitions to the Parliament, have fuffered
more than any others in the Northern Counties,
the Quarters of the Scots Army being ftrait, and
thofe Parts fitteft for their Accommodation;
but that divers Proportions mentioned in thofe
Papers ate not near fo great as they are rcpre-
fented ; and in particular, that the Sums are much
lefs in the fubfcribed Accounts given by the
Country to the Scots Army; and whatever Mo-
nies are pnid by them to the Scots Army, they
difcharge their Quarters with thofe Monies ;
which however they may be diiproportionuble
to the Abilities of the Country, yet there is
no m^re taken thar in the le.ift Meafure may
enable the Army tofubfift; nor is there any more
allowed unto them than Four-pence per Diem to
the Foot Soldier, Twelve pence to the Horfe,
and a third Part Pay to the Officers.
4 Upon all which we do obferve, That the Scots
Army, receiving no Pay from the Parliament for
near thefe feven Months paft, are enforced to
quarter in thofe Parts of the Kingdom which are
moft exhaufted, and have fuffered mofl fince the
Beginning of theie Wars; and are alfo exceed-
ing ftraitned in their Quarters, by reafon the
Englljh Forces do lie fo near them, whereof the
Effe&s are the Undoing of the poor Inhabitants
there; the rendering of the Scots Army odious,
and rail) ngDifcon tent in the People againft them.;
whereas if Care had been taken for their Enter-
tainment, and if their Maintenance had been
equally laid upon the whole Kingdom, the Scct$
Army had been much better provided, and the
Inhabitants of thofe Northern Parts had never
been fubje£ted to thefe heavy Burthens. And
tho' it were true that the prefcnt monthly Charge
oi" the Scots Army did amount to ig.joc/. (which
we do very much queflion) yet this Sum is far
fliort of the 31, coo/, contracted for by the Trea-
ty, befides theSurplufage that appears due upon
Account.
« We
of ENGLAND. 165
' We do likewife obferve from thofe Papers, An. ** ear. r.
* That we have good Reafon to complain of tac t646-
4 vile Afperfions fo unjuftly caft upon the Scots Ar- ^T ^~~~*
« my by the Weekly Dmrnah and Pamphlets; in
* particular of that printed Declaration prefentcj
* by us to the Houfes; wherein, befule other detcft-
4 able and exafperating Language to delude the
* People, it is faid, That the Sects Army do ajjlfs
« according to the Rale of 147,000^ per Menj.tr. ;
4 and we do expect that the Honourable Houlls
« will, in Juftice, take Order with fiich Abufcrs
* of the People, and prevent their Pradtices for the
4 future ; upon which we do the rather infill, in
4 that the Diurnal this Week has reprinted the
* fame Tilings; and, to deceive the People, has
4 greatly perverted the Meaning of fome Things
* contained in the Petitions fent from the Norta :
* And it doth farther appear, that the D-jfires of
* thofe Petitions and Letters are the fame with ours,
* and that there is an urgent Necefliiy for ths
* Houfes of Parliament fpeedily to take into Coii-
1 fideration the Defires of our fcveral Papers, for
* hafteningthe 200,000 /. to the Army, and their
* Removal out of this Kingdom.
* And fmce the Neceflities of that Army Jo daily
< increafe, and the longer they ftay in the King-
* dom they muft needs be a greater Burthen to it,
4 efpecially to thofe Parts where they do quarter ;
* and feeing moft of Sir Tbimas Fan-fax's Army
4 (for what Ends we know not) is marched North-
4 ward, whereby Differences may arife to the Di-
* fturbance of the Peace of the Kingdoms, we i^o
* earneftlv intreat the Honourable Houfes to lay
4 thcfe Things timeoufly to Heart; and to give
4 fuchafpeedy and juft Anfwer to our former Pa-
4 pers, as may be a Means to preferve thcfe King-
* doms in a happy Union and brotherly Corrcfpon-
4 dence.
By Command of the Commifjioners for the Par-
liament of Scotland.
JOHN CHIESLEY.
L 3 M*
1 66 The Parliamentary HISTORY
An. a* Car. I. tf0v. 12. This Day we find an Entry in the
•.__ *6' t Journals of a Report made to the Lords, from
November, the Commiffioners of both Kingdoms, That Colo-
nel George Monk had been with them, and had en-
gaged his Honour that he would faithfully ferve
Col. George the Parliament in the War of Ireland, if he might
^ Wr?heem" be employed thither. That he had taken the Ne-
Parliamcnt. gative Oath, was willing to take the Covenant;
and would be ready for his Journey at a Day's
Warning (£) j which being fignified to the Commons,
bothHoufes agreed to his Commiflion, as aPerfon
veil qualified to do great Service in thofe Wars.
This is the firft public Notice we have met with
relating to the Conduct of this Officer, who makes
fucha Figure in thefe Annals afterwards.
Nov. 13. The Speaker acquainted the Lords,
foSwwSpkl That, the Day before, Sir Thomas Fairfax arrived"
ment General in Town, and the fame Night came to him, and
Fairfax on his exprefled his Readinefs to ferve that Houfe in all
Arrival uiLon- Things that laid in his Power. Upon which the
Queftion was put, Whether the Houfe fliould
appoint their Speaker, with a Committee of the
whole Houfe, to go and complement Sir Thomas
Fairfax on his Arrival ? it was carried in the Affir-
mative j the following Lords, by Name, only pro-
tefting againft this Vote; the Earls of Middlefexy
Suffolk and Lincoln ; and the Lords Hunfdon,
Willoughby^ and Maynard. The next Morning,
at Eleven o'Clock, was appointed for the Speaker
to goto Sir Thomas^ with the whole Houfe, to con-
gratulate his coming to Town, and make an Ac-
knowledgment of his good Services done to the
Parliament and Kingdom.
The fame Day the Commons alfo came to a
Refolution, That their Speaker, with the whole
Houfe, fhould, the next Morning, make a Vifit
to Sir Thomas Fairfax^ their General ; and return
.him the Thanks of the Commons of Englandy as
an
(*} Col. Mont was taten Prifbner in the Fight at ffaetviicb, in
C&fkire, in 1643^ being then in the King's Service.
fVbitlocke, p. 77.
of E N G L A N D. 167
an Acknowledgment of the great Bleffings of Al- An. 22 Car. I.
mighty G.vJ u;x>n his faithful Services, wife Con- v * * ' ,
duel: and ^r.-ac Valour, in the whole Difcharge of November,
the great Trull committed unto him, and redu-
cing the diffracted AtFairs of this Kingdom to the
prefent happy Condition and IfTue. Accordingly
both Houfes went to vifit him ; when, as a Jour-
nalift of thefe Times informs us (r), the Earl of
Mancbef.er^ Speaker of the Houfe of Peers, in the
Name of that Houfe, addrefs'd the (general to
this Effect ; * He gave his Excellency Thanks for
all his Care and Pains in the Defence of the Pub-
lic, expreffing their great Acknowledgment of his
memorable Services, and faithful Performance of
the Truft repofed in him \ which their Lordfhips
fhould always have in Remembrance, and be
ready upon all Qccafions to exprefs their Gra-
titude.' But
Mr. Rujkworth tells us that William LenthaU^
Efq; Speaker of the Houfe of Commons, mada
the following Speech to Sir Tboma/ Fairfax.
S I R,
4 T Have a very hard Talk to perform ; to prefent
1 the Refpe&s of the Houfe of Commons ac-
cording to your Excellency's Merit, and their De-
fires. To effect this accordingly, I fhould have
informed myfelf from Hiftories that have preferved
the Memories of the famous Worthies pf former
Ages, and fhould have taken the Dimenfions of
the largeft Coronets and Trophies wherewith they
are made glorious ; and even thofe would rather,
(heighten than enlarge the Temples of your Ex-
cellency : Or elfe I fhould have confulted fome of
the moft learned and eloquent Orators, who have
fet forth the glorious Gefts performed in former
Times, whereby I might have infifted on fome
Parallel for your Wifdom, Piety, Juftice, and
Valour ; but I conceived the Virtues and Succefs
which God had beftowed upon you, were very
L 4 hardly
W 4t*rftB DiurtMloffomt Paffan in ParEaxtsat, No. 173.
1 6 8 The Parliamentary HISTORY
An. ^^ Car. I. hardly to be match'd, and rather needed more In-
t 6 '_j duftry and Memory to enumerate, than Oratory
November. to poliOl.
« Heretofore when I read the Hiftories of the
Acts of famous Princes and Warriors, in this or
o her Nations, it was not without fome Jcaloufy
that in them there was fome Mixture anu Glofles
of Oratory and Art, the more to fet off and give
Luftre to their A<5b, as Arguments of Emulation
for others to follow theFootflcps of their Virtues;
but the A&ions of your Excellency will add Luftre
and Belief to them, being all verified in you. And
indeed here, coniidering the fwift Marches, and
the Expedition of thofe grand and difficult At-
tempts, which were profecuted and efR&ed by
your Excellency, I mny fay, The Almighty came
riding on the Wings of the Wir.d\ for thefe were no-
thing elfe but the Magnalia Dei, acted in and by
you his Inftrument,
' tt was the Cuftom of the antient Romans^ af-
ter a glorious and fuccefsful Prince, to derive his
Name to Pofterity in Memory of his Virtues; as
after that great Prince Julius Cafar, his Succef-
fois retained the Name of Cafars, as Auguflus
Co-far, Tfierius Cafar^ &c. Thus hereafter all
famous and victorious fucceding Generals in this
Kingdom, (if the Times (hall prove fo unfortu-
nate) will defire the Addition of the Name of
Fairfax,
4 And furely the Honour of the late Lord-Gene-
ral was not, \vhilft he lived, any Way etlipfcd
by the Succeilion of your Excellency in his Com-
mand; but rather augmented, whilft each reta.ncd
ths Brightnefs of his own Honour, having both
Rays enough to enlighten a Kingdom, th<_n ovcr-
fet with Clouds and thick D:.rknets.
* J {hall need to fay no more but this, That the
World will admire your Excellency's Worth; Po-
fterity will honour your Name; and that the whole
Houfe of Commons, in the Name of -the Com-
mons of England^ do return you Thanks for your
iii.d memorable Services: The Begin-
ning,
of E N G L A N D. 169
nlng, Continuance, and ErTe«a, whereof I muft An., a c^ I.
folely attribute to the Almighty, the Lord of Hofts , ' 4 ' ,
and Victories.' Nc»c«nb«.
To this extraordinary Harangue (which fo mo-
dcft a Man, as Sir Thomas Fairfax is univerfally al-
lowed to have been, muft blulh to hear) the Gene-
ral made a fhort Anfwer, exprefEng how much he
efteemed himfclf honoured by the great Refpedsof
the Houfes towards him, for which he defired his
humble Thanks might be returned ; and that he
accounted it his greateft Happinefs, under God, to
be in the lead Kind inltrumental for theirs and
the Kingdom's Good.
Towards the Clofe of this Month a Meflage
was brought from the Houfe of Commons, with
an Order to deliver to the Lords a Letter, with
fome Examinations, which did concern two Peers
of their Kcufc, and that ihey had Directions only
to deliver them.
Hereupon the Letter and Examinations were read, ^he Earls of
the Purport of which was a Charge againft the NorJhumberian4
Earls of Northumberland and Pembroke, that they *££?*£
fhould fend Money to the King at Oxford^ as had fena,ng 40007.
likewife ibme Members of the Houle of Com- to the King at
mons. Their L -rdfhips being prefent declared Oxford'
their Innocency in t.iis Bufmefs, and defired the
Houfes would pleafe to put it in:o a Way of Exa-
mination. After Debate this Quiftion was put,
Whether, at the DtTire of the Earl of Northnm-
luYland and the Earl of Pembroke, there {hall be a
Commitcee appeinced ; and that the Houfe of
Commons be acquainted that the Lords defire
^ them to appoint a Committee of their own Houfe,
who may be prefent, if they think fit, to examine
this Bufinefi? It was refolvcd in the Affirmative,
and an Order made for attaching the Body of Ri-
chard Lloyd of the Inner Ttmpk^ E;q ; and bring-
ing him before the Lords, to anlwcr the Scandils
raifed by him againft the Earls of North umber Ic, •:/
and Pembroke.
j 70 eThe Parliamentary HISTORY
n. ax Car. j- Then the following Examination of the faid
1646. Richard Lloyd, taken by the Standing Committee
Tt "~ of Parliament in Truro, Nov. 16, 1646, was read :
« That this Examinant confefled, That on
* Sunday laft, being at Dinner at the Sign of the
* Bull in Truro, together with Mr. Coiues and Mr.
~* Trerife, he, amongft other Things, told them of
* certain Monies fent from two Lords of Parlia-
* ment to the King at Oxford, during the late
* Wars in this Kingdom.
* And this Examinant now faith, That he being
' at Oxford about four Years laft paft, was a Gen-
' tleman of the Privy Chamber extraordinary to
* the King, and rode in his Troop ; and about that
* Time there were two Gentlemen that came from
' London, the one calFd Mr. Compton, who was
« a Page to the Earl of Pembroke, and was then
* one of the King's Servants v and that they told
* this Examinant they had brought from London
t 4000 /. in Gold" quilted about them, from the
* Earl of Northumberland and the Eurl of Pem-
* broke, from each 2000 L which they had fent to
' the King ; and that the faid Ccwpton lay in the
* fame Houfe in Oxford where this Examinant
' lay ; and that they were fo fore with carrying
* the faid Money, that they toW this Examinant
« they kept their Beds three or four Da);s : That
*• Sir George Crynes of Petkbam in Surry^ being
* then at Oxford, told this Examinant that hs had
* brought IOO /. to the King, which Sir Poynings
' Moore, a Member of the Houfe of Commons,
* had fent to the King, from London ; and that Sir
' Thomas Longtteville, near Stony- Stratford, told
' this Examinant above two Years paft, that he
' had 4 or 500 /. fent by fome Parliament-Men,
' Friends of his, to the King : And this Exami-
' nant knoweth that there was, of the faid Monies,
* 140 or 1507. paid by Order from Sir Edward
1 Hyde, the Chancellor, for Sir Tito-mas Lunsfortff
«Pay.
' And he further confefleth to have faid, That the
* Reafons why the faid Perfons fent the Moirey
afore-
of E N G L A N D. 171
4 aforefaid was, becaufe the Parliament was weak, An. « Car. I.
* and they knew not how Things would fall out.' t ' 4 ^
Next were read the Examinations ot Mr. Tre- November.
rife and Mr. Cow ft in Confirmation of the fore-
going, and almoft in the very fame Words, which
we therefore omit.
Nov. 26. No farther Notice of thefe Exami-
nations being as yet taken by the Lords, we (hall
here exhibit a Copy of another Letter from Colo-
nel Mitton, in IVale^ directed to the Speaker of
the Houfe of Lords, concerning the farther Con-
dud of the Archbifhop of York, in that Country.
Right Honour able i
* T TNderftandinz that mv Lord of Tork hath „
I ". r °, . ' TT Col. Mitton <
' \*J been formerly known unto your Honour, further Account
* and that you have been fome happy Means to of the Service*
« reduce him unto the Service of the Parliament ; J^jS^JI
« whereby I found him very fteady to thofe En- btfliop Williams.
* gagements which I had received from him, and
' wherewith he hath, from the firft Hour until!
* now, moft punctually complied ; I do prefume
' to affiire your Lordftiip by thefe few Lines, upon
« this Occafion of taking in of the Caftle of Con-
1 way, that I have found from this worthy Per-
* fonage that real and continued Affiftance in the
* Service of the Parliament, for thefe fix or feven
* Months, that I cannot fay that I found the like
' from any other. He had garrifoned his Houfe
* for the Parliament before my entering upon this
' Country ; was the firft who openly owned and
' received me and my Forces ; aflifted me with
' ' Men at the Siege of Carnarvon j blocked up,
* with fome A&ftance I fent him, the Town of
* Conway^ and laved the Country round about from
' Plundering; drew me, by his Advice, to (lorm
' that high walled Town; and never did take ofF
* his Hands from this Bufmefs till this Day that
* the Caftle was furrendered ; which being a Truth
* fo generally known in all thefe Parts, I held my-
* fclf bound in Honetty to impart unto your Lord-
'
172 Th? Parliamentary HISTORY
An. a* Car. I. * (hip, and by your Lordihip, if your Honour
l5*6- J « pleafe, unto that moft Honourable Houfe j and
' November. * *°» num^ly taking my Leave, I rtft
Comvay, Fw. io, Your Honour' s bumble Servant ,
1646.
THO. MITTON.
For thefe great Services the Parliament, fome
Whereupon they Time after (d), thought fit to free and difcharge this
Ed Pwdon. 8C" Prclate fr°m a11 Manner of Sequeftrations of his
Eftate, real and perfonal, and to pafs a general
Pardon to him for all his pail Offences.
A Committee of the Commons had been bufy
for fome Time, in framing an Anfwer to the
Scots Commiflioners Papers, concerning the difpo-
/ fmg of the King's Perfon; and en the 28th of this
Month, it was read in that Houfe. After which
the Queftion being put, Whether the Lords Con-
currence fhould be defired to this Anfwer? it paf-
fed in the Negative, on a Divifionof uoagainft 90.
Next it was refolved, That a Copy of this An^
fwer to the Scots Commiflioners Papers {hall be
fent to them, as the Anfwer of the Houfe of Com-
mons. This was afterwards ordered to be printed
and publifhed, and we give it at large from the
original Edition (e).
The ANSWER of the COMMONS ajfimbled In Par-
tiament) to the SCOTS Co MISSIONERS Papers
of the 20/£, and their Letter of the 2^th of Oc-
tober la/?.
The Commons ' ~T~ HAT there might be a firm and lafting
Anfwer to the ' JL brotherly Union between the two King-
Scots commit, t JomSj is the carneft Dtfire of our Hearts; and
dicing "anoint ' tnat our Proceedings may be according to our
Right in difpo- c Covenant and the Treaties between us ; and
fingoftheK.imj'1 c tnat our Endeavours have been accordingly our
* own
(i) On the (V cond of A*ri1, 164-.
(e) Printed for Edward Hsfoend, Pr nter to thf HononraHe Houfe
of Commons, and are to be fold at 1m Shop in f'l.-tprett, at the
Sign of the Colden Dr. gon, near the inn r 1 emple, Dec. 4, 1646.
of E N G L A N D. 173
* own Confciences, our Brethren of Scotland, and **• ** £«•. r
* all that know ouc Ways, can bear us Witnefs. ^' >
* That we may ftill walk in the fame Path, pre- November.
' vent all Mifapprehenfions, a^id bring a right
* Underftanding imonffft us, the Commons aflem-
* bled in the Parliament of England do return this
* enfuing Anfwer to your Lordlhips two Papers of
' the twentieth, and to your Letter of the Twenty-
*" fourth of October lait ; wherein our End being
* to give Satisfaction to the Arguments in ybur
4 Papers, we (hall therefore anfwer the feveral Par-
* ticulars in the Method we find them ; only, to
* make our whole Intentions the moreeafily known
' (the Method you have taken in your Papers not
' allowing us a clear Connection of the Matters
* therein contained, and inforcing us to repeat the
* fame Thing oftener than we deiire) we {hall firft
' premife and lay down thefe following Confidera-
* tions :
' Fir ft, That your Papers being grounded upon
* the Refolutions of both Houfes, and on the Con-
4 ference thereupon had, we (hall fet down the
' true State of the Fact concerning them, which
* xvas thus :
Upon the 24th of September, 1646, the Houfes
pafTed thefe RefoJutir.ns, viz.
1. * That the Per fan of the King Jhall be difpofed
' of as both the Houfes of the Parliament of England
« think fit.
2. * That the Houfes do declare. That whatfoever
* Conference* Confutation, or Debate Jhall be with
* the Commijjiiners of Scotland concerning the Dif-
* frfal of the Per Jon cf the King, it Jhall not be
* under/hod to be any Capitulation in relation to the
* retarding of the March of the Scots Armies and
* Forces out of this Kingdom, or of any Treaty be-
* tween the Kingdoms concerning the fame.
4 And, upon the fame 24tn Day of September,
* the following, A Committee is appointed to meet
* with a popirtiwable Number of the Lords in the
' Painted Chamber, to confer, confult, and debate
* with the Commijjioners c/' Scotland concerning the
* Dijpojal
1 74 'The Parliamentary HISTORY
n" 26 6*"' I§ * D'fP°fal °f tbe PeKfon °fthe Kin8* *f
. ' * ' j ' tfgfrfl/ ty the Scots Commijponers ; W
November. ' communicated to the Scots Commijjioners by the
' Members of both Htufes of the Committee of both
* Kingdoms. Thefe Refolutions, ordered to be
* communicated to the Commiflioners of Scotland,
' were accordingly delivered to them by the Mem-
* bers of both Houfes, that are of the Committee
c of both Kingdoms, the 25th of the fame Month;
' Upon the agth Day of September your Lord-
* {hips, by your Paper4 fign'd John Chiejley, by
* Command of the Commiflioners for the Parlia-
* ment of Scotland] defired a Conference in thefe
' Words, Wt have per ufed the Votes of both Houfes ,
* communicattd to us by your Lordjhips ; and as we
* did formerly dcftre in our Paper of the nth of
* Auguft lajl) Jo ive Jhall be ready on Thurfday
' next to confer, debate, and confult with fuch a$
* the Honourable Houfes have thought ft to appoint ;
' and if their Committee cannot with Conveniency
e meet at that Time, wt defire it may be fo foon m
* pojfibly they can.
* Which was thus granted, viz. Oclober I, or-
* dered, That the Committee formerly appointed to
* meet with the CommiJJioners of Scotland, do meet
* this Afternoon at Three of the Clock, with the faid
' Ccmmijfioncrs, to confer, debate, and confult with
* thfmy concerning the Difpofal of the Perfon of the
* King^ according to the former Fates and Dedara-
' tions of both Houfes.
4 Upon the firft Day ofOclober, before the Con-
* ference did begin, all thefe Papers were read, and
* your Lordfhips were told by our Committees,
1 If you were pleafed to fay any thing herein^ they
' were ready to confer with you according to thefe
* Refolutions, fo as this Conference was by your
* Confent to be with thefe two Limitations, viz.
1. • That it (h-mld be about the Difpofing of
' the King's Perfon as both Houfes of the Parlia-
* ment of England (hall think fit.
2. « That it (hall not be underftood to be any
* Capitulation, in relation to the retai dine; of the
* March
^ENGLAND. 175
* March of the Scots Armies and Forces out of the An< JJU . r
4 Kingdom, or of any Treaty between the King- s_ „ /
4 doms concerning the fame. November.
4 And all Things in your Speeches and Papers
4 concerning Change of Fundamental or Monarchi-
4 cal Government, or Uniformity in Church-Go-
4 vernment, Toleration of all Se£ts and Sorts of
4 Religions, concerning the King's voluntary Dif-
* pofing of himfelf, (it being granted by you, that
* his Perfon is to be difpofed of by your joint Con-
4 fent) or concerning the Manner of difpofing of
* him, and all other Things of like Nature, faving
* only about the Right of this Kingdom to difpofe
4 of the Perfon of the King in England, without
4 the joint Advice and Confent of the Kingdom of
' Scotland^ being foreign to the Matter of thefe
* Refolutions, were improper at this Conference ;
* for our Committee having their Limits could not
4 expe& to hear any fuch, or were to intermeddle
4 to give an Anfwer to them.
Secondly, * That the Matter of the Conference
* being ftated by the Houfes, and your Lordfhips
4 often put in mind, in anfwer to your Claim for
4 the Kingdom of Scotland's Right of joint Intereft
* in difpofing the Perfon of the King, that the fole
4 Matter thereof was concerning the two Houfes
4 of Parliament of England having the Right to
* difpofe of the Perfon of the King in the King-
* dom of England, without the joint Advice and
4 Confent of the Kingdom of Scot/and) your Lord-
4 mips did make your Objections, to which our
4 Committees anfwered ; your Lordfhips replied,
4 and our Commitees anfwered thofe Replies j yet,
* in your Paper, you ftate the Queftion as if to be
4 debated on your Refolutions, and place our Com-»
4 mittee to make Objections ; and your Lordfhips
4 make the Anfwer of our Committees to your firft
4 Objections, and their Anfwer to your Replies,
4 as one intire Objection. Your Lordfhips well
4 know an Anfwer to a Reply may be full as to
* the Reply, yet not applicable to every Part of the
.» firft Objection.
r/.'/w/v,
176 fbe Parliamentary Hi s T o R v
An- \26 fr- T- Thirdly, « That your Lord (hips engaged our
t. .. * ' __, ' Committees, at the Conference, to make no Re-
November. ' port of any Thin* that had palled at the fame,
* till you had delivered your own Anfwer in Wri-
' ting; and before any Report made by our Com-
' mittee, or any Paper put into the Hrn:fes by you,
' lome of your Lordfhips did give Directions for
* the printing three thoufand Copies of the Lord-
* Chancellor's Speeches at that Conference; which,
c by the Printer's Confefiion, had been publifhed
' on Thurfday the i^th of Ofioler laft, had they
* not been fent for by an Order of the Houfe of
* Commons, Wtdnefday the 14; h of the fame
' Month ; after which Time, and not before, they
' received Order from you not to publifh them till
* further Directions ; which Speeches are fince
' publifhed, and faid to b'j printed at Edinburgh.
* That you printed thofe Papers, which you af-
* terward gave in to the Houfes as your A.-ifwer to
* thofe Votes, (which were the Subject of the Con-
' ference) fooncr than it was poflible for the Houfes
* to give an Anfwer to Papers of that Length, as
* if the Prepoflcffing of the People were nv>re con-
' fidered by you than the Satisfaction of the Houfes :
' And if your Lordlhips had thought fit to have (laid
* for our Anfwer, we conceive you would not have
' publifhed thofe Papers ; which is an Action con-
* trary to the Practice of all p'jb'ic Mi'tifters, who
' ought not to publifh to the People the Tranfac-
* tions between them and that State to which they
' are employed ; which we are enforced to repre-
* lent to your Lordfhips, and to publifh this An-
* fwer, it having been fo often done by your Di-
* regions in this Kingdom, and in th's prefent
« Buiinefs done after fuch a Manner ; neither we,
* nor anv employed by us, having ever done any
* luch Thing in the Kingdom of Scotland.
Fourthly. ' That the Int?rcft of Scatlfwd in the
' King, and the Exercifc thereof in :he Kingdom
1 of England, being of fevcral and diftinct Natures,
' are not to be confounded as one and the fr.me
' Thin^i for if you grunt ihat you have no Ri^ht
4 of
cf ENGLAND. 177
* of Exercife of Intercft in difpofingthe Pcrfon of An. it c»r. i»
* the King, he being in England, we (hall notv_ M
* difpute your having Intereft in him. November.
Fifthly., « That the Queftiori then was, Who
* (hall difpofe of the Perfon of the King in Eng-
' land, and not after what IVtanner his Perfon
' fhall be difpofed : And it is to be confidered in
« what Condi ion the King now is, that he hath
' deferted his Parliament and People, entered into
' and continued in a bloody and dangerous War
* agairift them, hath not granted thofe Propofitions
* that^ by both Kingdoms, were fent unto him, as
* the Means of a fafe and well-grounded Peace ;
* and therefore is not, for the prefent, in a Condi-
* tion to exercife the Duties of his Place, or be left
* to go or refide where and when he pleafeth : And
< your Lordihips did, at the Conference, declare,
* That it was prejudicial to both Kingdoms for the
' King to go into Scotland.
Sixthly, ' That your Lordfhips cannot in Rea-
' fon infift, becaufe in our difpoiing the Perfon of
* the King we may hereby prejudice the Kingdom
* of Scotland, (the which was never yet done by us)
4 on fuch a Poiiibility to claim a joint Right in
t difpofingthe Perfon of the King in this King-
* dom; which, from the firfl: coming hither of King
4 James, now forty-four Years, was never before
4 claimed, when as the two Kingdoms had not t " •
* then that Security from each other, aiainft all,
* imaginary Prejudices which might happen thro*
* the Abufes of their particular Rights, as now
' they have j beirtg engaged by Covenant, in theif
* fcveral Vocations, mutually to preferve the Rights
* and Privileges of the Parliaments, the Liberties
* of the Kingdoms, and the King's Perfon and
* Authority, in the Prefervntion and Defence of
' the true Religion and Liberties of the King-
4 doms, as by the third Article of the Covenant
* cloth clearly appear.
* What would your Lordfhips think if w&fhould
' claim joint Right or Intereft in your Towns,
' your forces, or Money in Scotlan^ upon that
VOL. XV. M' * Sup-
178 'The Parliamentary HISTORY
An. ^^ c»r. I. « Suppofition, That poflibly you may ufe them to
. ' * ' , ' the Prejudice of this Kingdom: Let not the Re-
November. ' fults of your Arguments for Union or for the
' King be, That the Kingdom of Scotland may
' exercife theirlntereft in the Kingdom of England;
' nor let your Expreflions obliquely infer, That
* the Parliament of England will not do what be-
* cometh them to the King, fince all the World
* doth know that this Kingdom hath, in all Times,
' (hewed as great Affection to their Kings as any
* other Nation.
Seventhly, * Becaufe your Lordfhips moft infift
' upon the Covenant and Treaty in this Cafe, and
' alfo throughout all your Anfwers to thofe you
* call Obje&ions, we (hall, out of many, infert
' fome of the Expreflions in your Papers concerning
* the Covenant and Treaty,
Page 121 and 122 of your Papers (»). « Andun-
c lefs we lay afede the Covenant , Treaties, Declaration*
* of both Kingdoms , and three Tears Conjunction in
* this War, neither the one Kingdom nor the other
* muji now look back upon what they might have
' done, ftngly, before fuch a fritt Union ; but look
* forwards what is fittejl to be dene by both, jointly
' far the common Good of both, and for the Ends of
* the Covenant^ which both are obliged, jointly, is
* profecitte and promote.
' And as Reafons may be drawn from the Nature
c of all Ajjociations, fo efpecially from the Nature of
* ours in the Solemn League and Covenant ; the Title,
' Narrative, Articles, and Conclufion of it do along
' link together the Interejl of the Kingdoms in this
. * common Caufe, fo much concerning the Glory cf
' Gody their own Safety, Union, and Peace, arid
' the Honour and Happinefs of the King and his
1 PoJIerity; which Ends of the Covenant both Par-
• c Moments, as well as other Stibjefis of both King-
: l doniSy have obliged . thcmf elves jointly and mutually
4 to promote.
Pajre
(fr) In the Original the Reference? arc hmde to the Par-? in fhr
Scoii own Edition 01" the:r Paper* : But tl.e above rcitr .» ti.c PJJ,«
where they are to te found in tins Volume.
#* ENGLAND. w
Page 122. ' So that the Ends of the Covenant, up- An. »» Car. I.
* on which the Difp'ofal of the King mujl needs have ^ ^4<>-
' a Jlrong Influence, are not to be peofecuted by the v
* two Kingdoms, as by two diftintt Bodies a cling
* fin&ty '» but they were united by Jb.'emn Covenant
€ made to Almighty God, and by League each to other
* as one entire Body to profecute this Caufe.
Page 125. * Wherefore we cannot chufe but obteft,
* by the Conjunction and Parity of Interejls, by the
' Treaty between the Kingdoms, by the Solemn League
* and Covenant, that there may be a Conjunction of
1 the Councils and Resolutions of both Kingdoms, in
* difpoftnzof that Royal Perjqn who is King of both.
Page 128. ' That the Profecution of this War
' Jhould be with the joint Advice and Confent of both
' Kingdoms, and according fb thefe Grounds, a Co-
.' venant was agreed upon for the Reformation of
*• Religion, and . Prefervdtion of the Liberties of the
4 Kingdoms, and of fhe King's Perfon and Authority.
Page 123. * From the Treaty the fame Thing doth
1 further appear, it being thereby manifeji, that our
* Army was to be levied fffr the common Good of both
* Kingdoms, in purfifatfce iff the Ends exprejjed in
' the Covenant.
Again, Page 123. ' So that if the Difpofal of the
c Kings Perfon, mentioned in the Vote of both
* Houfes, be intended for the Good, Peace, and Se-
* curity of both Kingdoms $ then it Jhould not be done
* without the mutual Advice and Confent of both.
' Thus far out of your Papers,
* Having thus laid down that you claim that no-
* thing contained in the Matter of the Covenant,
' or to be done in purfuance of the Ends thereof,
* or that hath a ftrong Influence thereupon, can
c be done by the Kingdom of England, in England,
* without the joint Advice and Confent of the
* Kingdom of Scotland; we fhall, in the next Place,
4 lay down the moft material Things contained in
* the Covenant ; which are, the Reformation of
* Religion in England and Ireland \ the Extirpa-
' tion of Popery, Prelacy, Su^erftition, Herefy*
Ivi a ' * Schifm
1 80 *fhe Parliamentary HISTORY
An. 22 car. I.« Schifm, and Profanenefs ; the Prefervation of the
1646. < Rights and Privileges of the Parliaments, and Li-
~"~J * berties of the Kingdoms ; and to preferve and de-
)ber' « fend the King's Majefty's Perfoh and Authority
' in the Prefervation and Defence of the true Re-
* ligion and Liberties of the Kingdoms.
« Whence it neceflarily follows, that the Mili-
* tia, by Sea and Land, in the Kingdoms of Eng*
' land and Ireland ; the Power of making Peace
' and XVar with foreign States ; the King's Con-
* fent in the enacting any Law ; the Power of the
' Houfes of the Parliaments of England and Ire-
* land, in Cafes of Judicature upon Delinquents
* and Monopolies, Impofitions and other Grie-
' vances upon the People of this Kingdom; the
* conferring the great Places of Honour and Truft,
' making of Peers of Parliament, confering other
* Titles of Honour; what Revenue the King
* is to have in England and Ire/and, and how to be
' difpofed; and whatfoeveralfo is to bedoneby the
* King and Kingdom) or by either of them, in
k relation each to other, cannot at any Time be
* acted without the joint Advice and Confcnt of the
' Kingdom of Scotland: For the Covenant expref-
* feth in the third Article, To preferve and defend
k the Kings Majejlys Perfon and Authority, in the
* Prefervation and Defence of the true Religion and
' Liberties of tb& Kingdoms, and for the Reforma-
* tion of Religion in England and Ireland ; the Ex-
4 tirp'ation of Popery^ Prelacy, Super ftition, He-
' rejy, Schifm, and Profanenefs ; the Prefervation
4 of tkt Rights and Privileges of Parliaments, and
* Liberties of the Kingdoms* It alfo followeth,
* that the Kingdoms of England and Ireland^ as
k well in Things that have no Relation to the King
* as in thofe which have, can excrcife no Powers
' or Jurifdiclions without the Advice or Confent of
c the Kingdom of Scotland ; the Matters of Rcli-
* gion, Privileges of Parliaments, and Liberties of
* the Kingdoms, comprehending whatfocvcr is to
* be acted in the Government of the Kingdoms of
' England and Ireland. On this Foundation laid
*f ENGLAND,
' in your Papers, the Kingdom of Scotland may, An
* when they fee Time, claim a Right of joint In-
* tereft wirh the Kingdom of England in all the N
*• Things before-mentioned, and except agajnft,
* and queftion the Validity of the Ordinances for
4 taking away of the Court of Wards ; fettling th,e
4 Militia of the Kingdoms of England and Ireland;
* for Sale of BUhops Lands, and all other Procee.d-
' ings in Parliament fmce the Covenant and Trea--
*• ty, whereto the Confent of the Kingdom of Scst~
* land hath no;: been had.
* And your Lordfhips, by obtefling in thefe
* Words^ That there may l>e a Conjunction of the
* Councils and Refolutions of both Kingdoms, in dif-
' poftng of that Royal Perfon who is King of both ;
* and that all lawful and pojjible Means, of which
* this is one, and a chief one, may be ufed, which may
' prefer ve his Majefiys P erf on, Honour ', and Huppi-
* nefs. And from your Propofition, Thai the King
* may come hithfr in Safety^ Freedom, and Honour^
* you do now claim from the Covenant and Treaty
* a negative Voice, and Right of joint Confent with
' this Kingdom in all Things in relation between the
* King and the Kingdoms of England and Ireland-,
* which are all comprehended under the Words of
* Safety, Freedom^ Honour, and Happinefs.
* We (hall no\v appeal to the Confciences of our
* Brethren of Scotland, and of all thofe who have
4 taken or read this Covenant or Treaty, if any
4 fuch Conftruclion can be made out of them, or
* any of them j or whether it would have ever en-
* tered into the Thoughts of the free People of this
4 Kingdom to have made fuch a Covenant or
4 Treaty, which might any way bear fuch an In-
* terpretation fo deftruclive to their Freedoms, as to
* introduce another Nation to be one of the Eftates
* of this Kingdom; and to have a negative Voice in
* all things concerning their Welfare; whereby we
* (hould at once give up what we have for fo many
* Ages derived from our Anceftors, and what we
* have endeavoured to prefcrve with fo »reat an
4 Expence of Blood and Trcafure ; and fo much
* the
1 82 The Parliamentary HISTORY
An. ^^ Or. I. t t^e rather, in refpecl this prefer. t Parliament hath
v l6* ' , * not, nor doth claim any thing of this Nature
November. ' w'th in .the Kingdom of Scotland; nor putanyfuch
1 Conftru&ion upon the Covenant or Treaties, in
4 relation to the Kingdom of Scotland. And how
' far this is, not only from the Intent, but from the
* very Words, of the Covenant (o)y we (hall prefently
< make more fully appear.
'We, by the Covenant, inthefirft Article which
' concerns Religion, are to endeavour in our feve-
' ral Places and Callings.
* In the fecond, which concerns the Extirpation
c of Popery, Prelacy, Superftition, Herefy, Schifm,"
' and Profanenefs, to endeavour in like Manner.
' In the third, which concerns the Rights and
' Privileges of Parliaments, the Liberties of the
' Kingdoms, and the Prefervatiqn and Defence of
* the King's Perfon and Authority, in the Prefer-
* vation and Defence of the true Religion and Li-
* bertiesof the Kingdoms, to endeavour in. our fe-
* veral Vocations.
' The fourth, which concerns Incendiaries, they
* are to be brought to public Trial, and receive
' condign Punimment from the fupreme Judicato-
' ries of both Kingdoms refpectively.
* In the fifth, concerning the continuing of the
4 Peace and Union of the Kingdoms of England
' and Scotland, we (hall each one of us endeavour,
' according to our Plages and Intereft.
' In the fixth and laft, concerning the Afliftance
* and Defence of all thofe that enter into this Co-
' venant, to endeavour, according to our Places
* and Callings, to perform whatfoever we are
' obliged to by the Covenant.
' tt feems ftrange to us, that England and Scot-
' land being feveral diftinct Kingdoms; and, by
* the Covenant, eachonebcing to actin his feveral
' Place, Vocation, Calling and Intereft, that the
* Kingdom of Scotland ^(hould, from this Covenant,
* intitle thsmfclvcs to the Right of exercifing ai>y
' joint
fa] Prr.ted at h-ge in our Twelfth Volume, p. 396.
cf ENGLAND. 183
joint Power in the Kingdom of England-, the ex- An. M Car. '•
prefs Words of the Covenant being directly con- l64*»
trary to the Exercife of any joint rower, which
was feveral and diftincr. before the making this
Covenant; and the joint Exercife of fuch Power
would break the Covenant, becaufe we are there-
by obliged, in our feveral Vocations, mutually tq
preferve the Rights and Privileges of the Parlia-
ments, and the Liberties of the Kingdoms; and
the Exercife of fuch a joint Power, which doth
give a negative Voice to another Nation, in the
Proceedings iftj the Kingdoms of England and
Ireland, would be a manifeft Breach of thofe
Privileges and Liberties. And whereas, through-
out your whole Papers, this joint Intereft is fo
much enforced from the Covenant, neither that
Word jointly, nor any other Expreffion which
will bear that Interpretation, is fo much as men-
tioned in the Covenant; and the Words, Each
sue in bis feveral Vocation, Calling, Place, and
Intereft, v/hich runs throughout the whole Co-
venant, and would have cleared the Meaning of
it, are wholly left out by you; and in all your
Recitals of the Covenant, or Arugments drawn
from thence, there are no Words~to that Eflfedt.
4 Your other Arguments drawn from the Treaty,
That the Scots Army was brought intj this King-
do?n to purfue the Ends expreffed in the Covenant ;
whence you enforce, That whatfoever is to be
done by that Treaty, muft be by the Confent of
the Kingdom of Scotland, becaufe according to
the Ends of the Covenant, have been more fully
anfwered in our (hewing how far fuch }oint Con-
fent is both from the exprcfs Words and Meaning
of the Covenant. And whereas you would en-
force the Meaning of the Covenant to be, Thnt
nothing can be done in purfuance thereof, but by
your joint Confent, bec.iufe, from the third Ar-
ticle in the Treaty, Ts:er Army L to /«.• directed
by the joint Advice of both Kingdoms, or ibnr
Committees ; and from the eighth Article, That nc
CeJJation or Peace be mait by cit'.\-r Kingdwi,
M 4 ib~
1 84 The Parliamentary HISTORY
An. zi Car. !• « without Confent of both; And from the ninth Ar-
l646> t * tide, 77;rf/ all Matters cf Differences between tb*
November. * Subjefls of the two Nations are to be determined.
1 by joint Confent of both Kingdoms, or ileir Com-
* mittees : If no Things, to be done in purfuance
4 of the Covenant, could be done without your
4 joint Confent, the particular and cxprefs Provi-
4 fion, that thefe three Things fhould be done by
4 joint Confenr, had been altogeth r needlefs.
4 Your Arguments from the Treaty, againft the
4 Power of this Kingdom's acling in the Things
4 mentioned in your Parers, without the Confent
4 of :he Kingdom of Scotland, are particularly an-
4 fwered in the Places where you alledge them.
4 And your Lordfliips may well remember, that
4 your fnft denying of the Power of the Kingdom
4 of England to act without your joint Ccnfent,
4 was not firft feton foot concerning the Difpcfmg
4 of the Perfon of the King in England; and there-
4 fo-e, by reafon of fome Papers and Speeches of
4 youis concerning th? Prop' fitions for Reforma-
4 tion of Religion, and the Militia of the King-
4 doms of England and Ireland, and concerning
4 foine of your Nation having Offices and Places
4 within thi< Kingdom, both Houfes of Parliament,
4 for the vidicating of the Right of the Kingdom
^ of England from ;he ConftrucYion then, and now,
4 put upon the Covenant and Treaty, did, upon.
4 the 2Qth ot June 164.6, declare as followeth :
4 Whereas the Lords and Commons ajfembled in the
4 Parliament of England, in the Name and on the
4 Behalf of the Kingdoms 0/~ England and Ireland,
4 and the (..ommijftsners of the Parliament of Scot-
* hind, in the Name and on the Behalf of the King-
4 dom of Scotland, 'have thought fit to [end to the
4 King the humble Defires and Proportions for a fafe
' and well- grounded Peace, agreed upon by the Par-
4 liament of both Kingdoms refpeflivelj ; the Lords
4 and Csinmsns of the Parliament of England do
4 declare, cl'hat it is r.si their Intention that any Con-
* Jbritttion faould be made thereupon, as if either
4 Kir.gdzm had any Initrcft in the Matter of each
4 otbtr'j
of E N G L A N D. 185
« other s Proportions, or in the legijlative Power *"• ** £*'•
4 of each other concerning any of the Jaid Propofi- ^ J* '
4 tuns, but that it remaineth dijlinSl in each King- November.
4 dom refpeftively : And that notwith/}anding any
4 joint I'rsittdings, upon the faid Proportions , either
* Kingdom hath Power of- thcjr.fehcs to continue^ re~
* peal or alter any Law that fnall be made upon the
* faid Proportions, for the Good and Government of-
* either Kingdom refpeclively : And it is hereby de-
4 dared, that both Houfes are fully refihcd to tnain-
4 tain and prefirve inviolably the Solemn League and
« Covenant , and the Treaties betwixt the Kingdoms
* £/"EnglanJ and Scotland.
* This Declaration being fent to your Lord-
* {hips, and we receiving no Anfwer, conceived
* you rafted fatisned therewith. And we defire
' you further to remember, that whereas, in the
' Year 1641, divers Things concerning the King-
* dom of Scot/and were debated in England^ your
* Lordfliips did then (for the faving the Rights of
* Scotland, that we might not claim any joint Right
* in Things concerning that Kingdom) declare,
' That neither by your Treaty with the Englife, nor
* by fee king your Peace to be ejlabiified in PaHia-
4 merit i nor any other Afiicn of your s, you do acknow-
t ledge any Dependency upon tkcm> or make them
* Jl<dges to you or your Laws , or any thing that may
* import the fmailefi Prejudice to your Liberties \ but
4 that you came in a free and brotherly Way^ by your
* Informations, to remove all Doubts that might
1 arife concerning the Proceedings of your Parlia-
4 went, and to join your Endeavour s in uhat might
* conduce for the Peace .'.../ Good of both Kingdoms ;
* no otherwife than if. b) .-^a/lcn of the King's Re-
* fidencein Scotland, i .. -.-jJionerSy in the like Exi-
4 gcnce, JJ)ould be fent thr': /• from England.
4 And as we did reft iatisned with thofe Defires
* of yours; and this prefcnt Parliament never did,
* nor yet do claim any Exercife of the Powers
* within the Kingdom ofticttfatd, which you ucfire
4 within this Kingdom, we cannot but, in Juftice,
4 expedt the like Equity from that Kingdom.
4 Eighthly,
The Parliamentary HISTORY
Eighthly, « That by your Arguments for a right
' of joint difpofmg of the Perfon of the King in
' England, (which muft relate as well to the Per-
' fo-ns that are to be about him, as the Place where
* he is to refide) you fcem to claim to have an equal
' Number, or fuch aNumberasyou (hall think fit,
* of the Soft Nation to be of the King's Council,
*- and of his Bed-chamber, and other Officers about
* his Perfon and his Succeflbrs in the Kingdom of
4 England, as a Right of the Kingdom of Scotland.
-Ninthly, * And concerning your D Hires for the
' fpecdy Payment of 2oo,oco/. mentioned in your
' Papers of the 24-th of Oftober, the Parliament of
* England is not engaged to pay you 20C,OOO/. at
' one Time, but only that the firft ic 0,000 /. there-
' of be paid unto you upon the marching of your
' Army and Forces out of this Kingdom, at fuch
' Time and Place as fhall be hereafter exprefied.
' That the fecond ico^ooo/. {hall be paid by
« 50,000 /. and 50,000 /.the firft 50,000 /.at the
' End of three Months after the Paymen t of the firft
' IOO,OOO/. and the fecond 50,000 /. at the End of
' nine Months after the faid firft Payment ; yet, to
' manifeft our Willingnefs and Readinefs to com-
' ply with our Brethren of Scotland, we have, for
* above fix Weeks laft paft, fpc::t a great Part of
* our Time to borrow 200,006 /. which ifwecan-
' not fpeedily obtain, we afTure ourfelves our
* Brethren of Scotland will reft fatisfied with fo
* much of the 2 00,000 /. as we are able to pay for
* the prefent: But we muft carncftly defire, that
' whilft fome Parts of your Papers prcfs us for the
* Money, the Body of thofe Papers and your
« Speeches at Conferences may not obftrucV the
* Loan; the People lend their Money on Belief
* that there will be no Breach amongft us ; that the
* Northern Counties, fo confiderable a Part of this
' Kingdom may not be clcftroved; that the King-
* dom will be cafed of the Burthen of your Army;
' and that we might be the better enabled to fend
4 Relief to Ireland: Now, if the People eolledl
' out of your Speeches and Papers, that you, who
of E N O L A N D. 187
* are the Commiflioners for the Kingdom of Scot- An- ** Car.
' land, have Doubt of a Breach amongft us, and t \^_ ' j
' ofafecond War, you do yourfelvcs give Occa- November.
' fi m of obllru&i.ig the Means of obtaining Money
* lor which you fo much prefs.
' And thus having premifed thefe neceflary Con-
' fiderations, we come to the Particulars in your
c large Paper.
« We do affirm, That the Kingdom of Scotland
* hath no Right of joint Exercife of Intereft indif-
* pofing the Perfon of the King in the Kingdom of
* England; for England clearly being a free King-
1 dom, no other Kingdom hath Right of Exercife
* of Intereft in it, but by Contract; and by how
' much any Kingdom hath otherwife Right of Ex-
* ercife of Intereft in it, by fo much it is not free.
* Your L* rdftiips will grant the Difpofmg of the
* Perfon of the. King is an Exercife oflntereft, and
* you did grant at the Conference, iho* it be now
* left out in your Papers, That the Kingdom of
* Scotland hiad no Right of Exercife of Intereft in
' England, but by the Covenant and Treaties j
' which Covenant and Treaties give no joint Power
* to the Kingdom of Scotland concerning the Dif-
4 pofing of the Perfon of the King within the King-
* dom of England; but doth oblige both Nations to
* preferve, and not confound, the Rights and Li-
' berties of each, as by the third Article of the
' Covenant will plainly appear; and the laft Treaty
* is for your coming into England to aflift us, that we
' might enjoy our particular Rights and Liberties.
* The Words of the third Article of the Cove-
' nant are, We faill, with the fame Sincerity^ Re-
' aiity* and Conjiancy* in our fever al Vocations, cn-
* devour, with our Ejlates and Live;, mutually ta
* prgfe-'ve the Right! and Privileges of the Parlia-
* ments, and the Liberties cf the Kingdoms; and to
<• prfforve and defend the 'King's A'lajejlys Perfon
* and Authority in the Prefervation and Defence of
' the true Religion and Liberties of the Kingdoms^
* that the World may bear Witncfs with our Con-
« fciences of our Loyally -, and that we have no
Thought;
188 ¥he Parliamentary HISTORY
An. 22 Car- I.t ^%«uebts or Intentions to dlminijh bis Majefty'i
v__^l_, * jul Power and Greatnefs.
November. ' From whence it is moft evident, that the
* Rights and Privileges of the Parliaments, and
* Liberties of the Kingdoms, are, in the firft Place^
' to be preferved ; and this every one is to do in his
1 feveral Vocation, and not to intermeddle within,
' each other's Precincts, but when and fo far forth
* as they arc duly called thereunto; nor with each
* others proper Rights and Intcrcfh, which we are
*• bound topreferve, and to preferve diftincl, elfewe
' break our Covenant: And we are to preferve the
* King in his Per fan and Authority relatively, viz.
* In the Preservation and Defence of the true Rcli-
* gion and Libertiei oj the Kingdoms* We do not
' defire to take away your Right of Intcreft in the
* Perfon of the King ; but we fay you have no Ex-
' ercifeof that Right, the King being in England :
* And we are To far from claiming any Right for
* the Kingdom of England in this Cafe, which, in
' the like, we would not give to our Brethren of
' Scotland^ as we do freely and willingly declare,
* That if the King were duly in Scotland, we
* (hould not claim any joint Intereft in difpofing of
' his Pcrfon there.
*• And if your Arguments for ftrict Mutuality
'- were to the Queftion, you might, with much
'. moreReafon, have offered, that the Kingfhould
4 be fix Months with us without your Content,
* your Army having djfpofed of him fix Months
" without our Confentj and, after that Time, then
* to have inferred a joint Confent. Your Lord-
' (hips will not think but that' both Houfes of the
' Parliament of England may as well be trufted
« with the Difpofing of the Perfon of the King in
* England, as the Scots Army may.
« Your Difcourfe, That the Ptrfon of the King
' is not to be re/trained from his voluntary coming to
* either Kingdom , ivhen the nectjjliry Ajfmrs of the
* Kingdoms do require ;V, is not to the QueiHon,
* and not applicable to the Condition in which the
* King now is 5 as is fully declared in the fifth Con-
* fidenition. * Your
of E N G L A N D. 189
« Your Inftance, That two being a/ociated of An- « P»r- t
« £<Wj, Sto*, or the like (for thofe of Parent, . 1&4 ^
* Matter, and Servant have no Relation to the pre- Novembw.
* fent Debate) one may not difpofe of them without
4 the Confent of both ; and thence infer, Much lefe
* may we, being officiated^ difpofe of the Perftn of
* the King ^uithyut your joint Confent. Thefe are
'* not to the Cafe in Qiieftion, but do Trouble the
"' right Underftanding of it ; for we are aflbciated
'«infome common Ends, for the Good of both;
'* but not afiV-iated in that which is our feveral
* diftincl and particular Rights, which is the only
4 Matter before us: And the Difpofing of the
« Perfon of the King in the Kingdom of England,*
* according to the Cafe in queftion, is the parti-
* cular Right of the two Houfcs of Parliament^:
* The Kingdom of Scotland hath no more Right
* of joint Exercife of Intereft of difpofing the Pcr-
* fon of the King in the Kingdom of England*, than
* they have Right of joint Exerqfe of Intereft in
« our Inheritance, Lands, Stocks, or the like,
* which yourfclves bring as Examples to this Cafe.
* From our Declaration of the 5th of Auguft,
* 1645, fent to the Lords the States General of the
* United Provinces, as recited by you^ 4)iz. They
* w:re united by jolemn Covenant made to Almighty
* Gody and by League each to other, as one entire
* Body to prij'ccute this Caufe, you cannot infer
* your joint Ri'j;htof difpofing of the Perfon of the
* King in England-, for that Declaration was in
* anfwer to an Embafty from the Lords the States
* General, defu ing to be admitted as Mediators for
* a Ycnr ; which, by the eighth Article of the
' Treaty, we v/ere not, to make without the joint
' Confent of the Kingdom of Scotland', and the
* Words, arc not That we are made one entire Boiiy
* in all our Riwis and Liberties ; but to prevejU
* any fuch Contraction as you put upon them, the
* Words are, As one entire Etdy to proficute this
* Caiifj\ fo as the being one entire Body is, as to
* profecnts the common Caufe ; which they may
* well Jo in their feveral Vocations and C;»l!ir)2;f;,
190 Tfte Parliamentary HIST OR V
b. az Car. I.« without confounding the feveral Interefts of the
t . l646' t ' Kingdoms ; and not to be one entire Body in
November. ' our particular Rights and Liberties, which is the
* only thing in queftion.
' And as to that you call a notable Inftanceinthat
* Declaration, viz. That, by ih? Covenant, both
* Houfes of Parliament, and many Thoufands of other
' his Majejly's Subjects of England and Ireland, Jland
* bound, as well as we, to hinder the fetting up of the
* Church-Government by Bijhops in the Kingdom of
' Scotland ; and that we, as well as they Jland bound
* to endeavour the Extirpation thereof in England and
*• Ireland ; we defire it may be obferved, that that
* Expreffion in the Declaration is according to the
' Tenor of the Covenant, which obligeth us to aft
, * in our feveral Vocations, without confounding the
. * particular Interefts of the Kingdoms ; and no
* Words in that Declaration infer any other Senfe;
* and your Inferences from the Covenant are di-
* reftly againft the Covenant, as doth before appear.
* The eighthTArticle of the Treaty is, That n<3
* CeJJation, nor any Pacification or Agreement for
* Peace whatfoever, Jhall he made by either Kingdom,
* without the mutual Advice and Confent of both
* Kingdoms, or their Committees in that Behalf
* appointed ; why are to have full Power for the
* fame, in cafe the Houfes of the Parliament of Eng-
' land, or the Parliament or Convention of EJlates
* in Scotland y/W/ hot fit.
* Your Lordfhips Inference from this Article,
* That bccaufe we cannot make Peace without your
* joint Confent, we cannot therefore difpofe of the
' Perfen of the King, ih the Kingdom of England,
*• without your Confent, is thus clearly anfwered :
* The not making any Cefiat-ion, Pacification, or
* Agreement for Peace without you, and our dif-
* pofmg of the Perfon of the King without you do
' confilt well together ; and it cannot from hence
* be inferred, that therefore the Place where the
* King fhall rcfide untill this Peace were made, he
* being in England, ought not to be at the Ap-
' pointment oi the Parliament of England.
4 * We
of ENGLAND..
c We know your Lordfhips can and will witnefs A".
* with us, that, fince our Covenant and Treaty,
* we have not received any Dignities or Offices
' from the King ; nor fuffered any foreign Agents
* to intcrpofe in this Caufe, on any MefTengers to
* pafs between the King and Queen; or fent any
« Committees to the King without your Confent j
« or done any thing with him that may admit Co-
* lour of our making Peace without your joint
* Confent ; But if difpofing the Perfon of the King
* in England^ without joint Confent, be a making
* of Peace and a Breach of the Treaty, then it
* unanfwerably follows, that your Army hath made
* Peace with the King and broken the Treaty, for
* they have difpofed of him without our Confcnt,
•' and fmce our Votes to the contrary.
' If your Lordfhips had been pleafed to have fet
« dsowriin your Paper the ninth Article, you would
* never have drawn any Argument from thence,
* for your joint Right in difpofing the Perfon of the
* King in England; the Words are, That the Pub-
' lie Faith of the Kingdom of Scotland Jhall be given
' to their Brethren of England, that neither their
* Entrance into, nor their Continuance in, the King-
* dom of England, Jhall be made ufe of to any other
* Ends than are therein exprejfid in the Covenant,
x and in the Articles of this Treaty ; and that all
'* Matters of Difference that Jhall happen to arife
* between the Subjetts of the two Nations, Jhall be
* refohed and determined by the mutual Advice and
* Gonfent of both Kingdoms, or by fuch Committees
* as for this Purpofe Jhall be by them appointed,
* with the fame Power as in the precedent Article.
* Now from the very Words of the eighth and
' ninth Articles, the Differences to be refolvedand
* determined are between the Subjc&s of the two
' Nations ; and, in cafe the two Houfes of the
* Parliament of England, or the Parliament or Con-
* vention of Kftates in Scotland do not fit, are to
' be reiolved and determined by their Committees,
' who, as your Lordthips conftrue the Article,
* wou!d have Power finally to refolvt; and dcter-
4 mine
192 Vfa Parliatneniary HISTORY
An. »z Car. I. < mine the Rights of both Kingdoms in the greateft
***6' J ' Cafes, and even without Inductions, the Cafes
November. * being fo various as the Parliament could not pof-
' fibly fo;efee all that might happen, to give Inftruc-
* tions in them ; and therefore the Article, to avoid
' any fuch Conftruction, doth purpofcly provide,
* that the refolving and determining of the Dif-
* ferences in this Article are only to be the Dif-
c ferences between Subject and Subject. Wefhall
* not think that our Brethren, united with us in
* Covenant and Treaty, coming into the King-
* dom to our Afliftance, will infift to claim Right
* of joint Intereft to difpofe of the Perfon of the
6 King, he being in this Kingdom, and alledge the
* ninth Article of the Treaty for it ; which, from
* the Beginning to the Ending, provides againft it:
* Your Lordfhips may with as much Reafon argue,
* That when you have Poffeffion of our Towns,
* or other Rights, if you do differ with us about
* them, you may; becaufe you differ, claim joint
k Intereft in them, for that all Differences are to
' be refolved by the joint Advice and Confent of
k both, and alledge the ninth Article of the Treaty
* for it. And now we hope your Lordfhips will
k reft fatisfied, that we claim nothing againft the
k Covenant, Treaty, or our Declaration of the 5th
* of Auguft 1645, fent to the Lords the States Ge-
* neral of the United Province* ; but in purfuance
k of them.
* And as to your Lordfhips Argument, That ysu
' may expect 'a Conjunction of Councils in difpofing
' the Perfon of the King, becaufe the Houjes did
* think fit that in the managing of this War, there
* foouldbe a Conjunttion of the Councils of both King-
'*• doms, in reference to the Englifh as well as unto the
* Scots Forces : Your Lordfhips well know the
* Houfes joining your Lordfhips in their Councils
* in managing their Engli/h Forces, was the ftr.gle
* voluntary Act of the two Houfes, and not the
•joint Act of both Kingdoms ; and was determi-
* nable at the Pleafure of the two Houfes, and prac-
•* tifed accordingly ; and whensoever the Houfes
4 pi tilled
cf ENGLAND.
* pleafed, they did difpofe their Councils and Forces
' without your Confent, and therefore a joint In-
' tcreft of both Kingdoms cannot be argued out of November,
* it. Do you think, if you had claimed it as a
* joint Right of Intereft of the Kingdom of Scot-
' land, that we (hould ever have joined you in our
* Councils, or governing our Englijh Forces ? It
* is moft true we did invite your Coming to our
' Afliftance, on Principles of common Intereft}
' we did let you know the one Kingdom cannot
' enjoy a firm Peace whilft the other is in War ;
' we did put you in mind of the Affection and Duty
* which becdmeth Brethren : We ftill perfift on
* the fame Grounds, and we moftearneftly defire
* you to hold the Principles of common Intereft fo
* underftood j and then we (hall hear of no further
* Claim to the peculiar Right of the Kingdom of
1 England^ as certainly we fhall make none to the
' peculiar Rights of the Kingdom of Scotland.
* Your Lordfhips fpeakof cfpoufwg our Quarrels^
* and, at the Conference, and in your P ipers, fo
4 often mention your forfaking your own Peace for
* us. Not to look back on former Times, we de-
* fire you to remember, that the firft Part of this
* War was made againft the Kingdom «f Scotland
* by the Kina, and not by the Kingdom, of Eng-
* land; that the two Houfes of Parliament did af-
* fift to procure your Peace, and, as an unparalleled
* Teftimony of their bretherly Affe&ioh, did give
1 you 300,000 /.
* And although it were not fo often remembeicd
* by your Lodftjips in your Papers, yet we {hould
* not forget the Love of our Brethren in coming to
* our Affiftance ; and (hall return any Meafure of
* Conjunction of Intereft that we have had, not
' got, from you j but hazard our own Peace for
* yours, and requite every Kindnefs you have done,
* or defired to do for us : And this your Defire,
* That the fame Meafure of Conjunction of Inte-
* reft be given to you which was got from you, may
4 fatisfy you that the Meafure of Conjunction of
* Intereft is upon common Principles, and not in
Vot. XV. N « the
194 3%* Parliamentary HISTORY
An. »* Car. T. c t^e Excrcile of each other's particular Rights ;
.. l */, j * for we have neither had, nor do defire, any par-
N»?ember. * ticular Right in the Kingdom of Scotland, and
* therefore you, by your own Argument, ought not
* to defire any particular Right in the Kingdom of
* England; and do therefore obteft, by the common
* Good of both Kingdoms; by the Love of Bre-
* thren ; by the Treaty between the Kingdoms ; by
' the Solemn League and Covenant ; by the Law of
' Nations j by Benifits formerly received and ac-
* knowledged j and by that univerfal Law of a Chri-
* ftian Life, viz, to do as you would be done unto>
' which we delire you ferioufly to weigh : By all
' thefe, and by whatever elfe may be obliging, W6
* defire you not to claim to difpofe of our particular
* and peculiar Rights -, not to render us fufpe£ted
' with the People towards the Perfon of the King ;
* not to do that which may ftrengthen the Hands of
* any malignant Faction amongft us ; not to pub-
* lifn fuch things as may fow the Seeds of a Dif-
' union, which will be equally deftru&ive to both
' Kingdoms , not to think it our Duty alone to keep
' the Covenant ; and not to forget the Honour,
* Freedom, and Safety, of both the Kingdoms.
' Your Lordfhips fay, You acknowledge yen are
* to prefume the beft concerning our Intention^ but
* are not therefore to part -with any Inter ejl or Seen-
' rity, beeaufe we are honejl and faithful. We
* conceive it unreafonable you fhould, and we ne-
* ver defired it ; but if you be not to part with any
* of your Rights, are your Brethren of England to
' part with any of theirs ? Should you claim that
' from them which yourfelves fay they ought not to
* claim from you ? If you are to prefume the beft,
* what Ground have you to fufpeft the worfr, and
* make Suppofitions that we will abufe our Rights ?
' Indeed ir.y Lords, your Expreffions in your Pa-
* per, TJ}at your Army, by their Oath of Allegiance ;
* your Committee of FJlates^ by their CommiJJion ;
* your Officers^ by their Aiiiitary Oath, ought to de-
' fend the King from Harms and Prejudices . Your
* often repeating at the Conference, Thai the King
* tame
of ENGLAND; 195
* came to your Army for Shelter and Defentt, and An- ** Car.
* therefore you are to preferve him, may indure fuch , ]_ ** ,
' an Interpretation, as if you defired the People November.
* fhould believe the King needs Shelter, Defence,
' and Prefervation from the Kingdom of Scotland
' and the Scots Army, againft the two Houfes of
'the Parliament of England ; and that the Parlia-
* ment of England is more to be fufpefted and lefs
4 confided in than the Scots Army : But if this befar
* from your thoughts, as we hope your Lordfhips
* will fay it is, letitbealfo from your Expreffions,
* from which fuch Inferences may be drawn.
* To that you fay, The entering into the Cove-
* nant was to wipe ojf the Calumny and Afperfion of
< Rebellion ; it hath no Relation to the Queftion
* in Debate ; neither do we find any Ground how,
* or why, the Parliaments of either Kingdom
' could have been taxed with Rebellion, though
' they had never joined in this Covenant; or, if any
* fuch Afperfions could have been defervedly caft
* upon them, how the Covenant could have wiped
* them off.
* We have already anfwered what you here re-
* peat for the Kings voluntary Refidence in either
* Kingdom ; and have already told you, with the
* Reafons why, That it Is not to the Queftion,
* neither is the King in a Condign for the Exer-
' cife of the Duty of his Place ; but if he were,
' your Lordfhips may reft aflured the two King-
* doms will never differ about his reftding in tKe
* Kingdom of Scotland, for his doing the Duties
* of his Place there. Your Lordfhips proceed,
* That it could not be expeffedfrom the Army under
* the Command of Sir Thomas Fairfax (if they were
1 in Scotland for your Aflijlance in like Cafct as your
' Army is for ours) to deliver up the P erf on of the
* King ; neither can it be expetted from your Army,
* This Argument might have been urged to us
* if we had ever made any Allegation to that Ef-
' feel ; but we fhall fay even (your Lordfhips own
* Words) The Army under Sir Thomas Fairfax*
* in the like Cafe, on the likeRefolution of the
N 2 ' Par-
196 72tf Parliamentary HISTORY
An. 21 Car. I. ' Parliament of Scotland, ought to deliver the Per-
t f6*6' « fon of the King in Scotland, to be difpofed by the
November ' Parnament or" Scotland. And now, your Lord-
' (hips receiving Satisfaction in this your main Ar-
* gument, we fliall not doubt but you will acknow-
' ledge our Right as we do yours, and proceed ac-
* cordingly.
' In your next Argument you return, with an
* heavy Tax upon us, to the Law and com-
' mon Practice of all Nations, Not to deliver up the
* meancjl Suhjeft fled to them, tho1 for the greatejl
4 Crimes ; and amplify it, by our refufmg the AcJ of
' remanding in the ^th of King James ; And farther
' fay, If the meanejl be not to be delivered^ how will
* the World abroad condemn your Army for fo bafe
' and dijhonourable an Aft, to deliver up the K'xgr
* having cafl himfelf into your hands, to be difpofed
* at the Arbitrement of another Nation : For of us
* your Words of another Nation muft be taken, we
* claiming the Right of difpofing of him in Eng-
« land.
* This, rightly underftood, will give Satisfac-
' tion to all the Werld in the Juftnefs of our De-
* fires ; and we (hall put the Subftance of the Ar-
' gument in fuch Words as, in rightly placing the
* Strength of it, none may be deluded.
* It is thus : Every Kingdom challengeth the
' Difpofal of the Perfons within their own King-
' dom, though they be the Subjects of another
' Kingdom ; and, en this Ground, it is clear that
« the Kingdom of Scotland hath not the Difpofal
* of the meaneft of their own Subjects, in whom
« they have the fole Right, that Subject being in
* the Kingdom of England ; much lefs the Difpo-
* fal of the Perfon of the King who is in England^
« in whom you allow the Kingdom of England t»
c have a joint Right.
4 Your Army in En?lnnd(wz follow your Af*
* Sument on the Law of Nations) cannot be confi-
* dered in any other Condition than our own Ar-
« my, and will any Nation fay, if the King were
« in our Army, that It were the leaft Bafenefs or
* Dif-
^ENGLAND. . 197
« Dimonour, but their Duty, for them to deliver An. ** Ctr' T.
* up the Perfon of the King, to be difpofed by both t ***** ..
' Houfesof Parliament? The King is not in the jjoYtmtxr.
'Kingdom of Scotland, and your Army is in the
* Kingdom of England; is it not, by your own Ar-
4 gument, dimonourable (to fay no more) for us not
* to difpofe of the King in England; and we are
* confident your Lordfhips will reft fatisfied that
* there was no Need of that Expreflion, that the
4 two Houfes of Parliament {hould claim or require
* that which was bafe or di(h nourable for you
4 to do.
* To what you fay that the King cajlhimjelfup-
* on your Army, and ufe the like Phrafes in fo many
4 Places of our Ppapers, we (hall only fay. We
4 had rather enjoy our own Rights, than debate
4 upon what Grounds the King came to your Ar-
* my ; or, if he had none, why he (hould think
* himfelf more fure in that Army than in that of
* Sir Thomas Fairfax, or in that Englijh Army that
'joined with yours in the Service before Newark :
c Or why Monf. Mi' trevjl, a French Agent, to
* whofe Lodging the King firft came, was fo many
4 Weeks at Southwell, the head Quarter of your
4 Army before Newark^ nptwithftanding Excep-
4 tions were taken by the Englijh Committee againft
4 his, the faid Agent's being there,
4 And now we come to thofe you call Objeo
1 tions, which being of your Lordftiips penning,
4 and alfo the Anfwers to them, may be the moje
4 eafily fuited to your Defires. But the Matter in
4 Debate being, that the Kingdom of Scotlaniflmh
4 no Right of Joint Exercife of Intereft in difpofing*-
4 the Perfon of the King in the Kingdom of Eng-
4 land, we (hall place this our Affertion before your
' feveral Arguments or Objections againft it, and
4 then give Anfwers to them,.
ASSERTION. ' We do affirm that the King-
* dom of Scotland hath no Right of joint Exercife
4 of Intereft in difpofcng of the Perfon of the King,
* in the Kingdom of England.
N3 W*
Ifa Parliamentary HISTORY
'The COMMONS ANSWER to the fir Jl OBJECTION"
. or ARGUMENT of the Scots COMMISSIONERS.
November. [ This we have already given from their own Pa-
, pers, at p. 127.]
' Were the Things in this Objection fo as they
' are fet down, yet it would not follow, that there-
c fore the Scots Army ought not to deliver up the
* King to be difpofed by both Houfes, without the
* joint Advice and Confent of the Kingdom of Scot-
' land. And here we might leave all that is contain-
* ed in this Objection, but for that many Things in
4 it, when rightly recited, (now at leaft exceedingly
' miftaken) are Proofs for our Aflertion ; and be-
* caufe, from the Matter of Fa6t mifrecitcd, there
* are many Reflections upon us of Ingratitude,
* we {hall make a true State of this Bufmefs from
« the Truth of the Matter of Fadl.
' By the fourth Article of the Treaty, the Charge
* of levying, arming, and bringing your Forces to-
* gether, furnifhed with a Train of Artillery, was
* to be computed according to the Rates, as if the
' Kingdom of. Scotland were to raife them for
' themfelves, and for the prefent to be done by
'the Kingdom of Scotland upon Account, to be
« repaid or fatisfied when the Peace of the two
* Kingdoms is fettled; yet who (hall read the
* Words in your Paper, viz. that^ow did in ajhort
' Time levy an Army at your own Charge, would
' little have expected that that which you call your
c own Charge was to be repaid.
' By the fifth Article this Army was to be paid
c as if the Kingdom of Scotland were to employ
* the fame on their own Occafion; and towards
''the defraying thereof, it not amounting to a full
* Month's Pay, (thefe are the Words, not as now in
* your Paper, Little more than half a Month's Pay)
' be monthly paid 30,0000 /. Sterl. bytheParlia-
* ment of England; and if the State cf Scotland
* (hall have juft Caufe to demand further Satif-
' faction, when the Peace of both Kingdoms is
' fettled (for what?) for the Pains, Hazard, and
- « Charges
of E N G L A N D. 199
1 Charges they have undergone in the fame, they An. 2* i.
* (hall, by way of brotherly Afliftance, have due ( ^*6-
4 Recompence made unto them by the Parliament Noveij,er/
'of England.
' And when we finally agreed upon a Sum in
* grofs, the Refidae of the whole Month's Pay,
* proportioned according to your own Rates, was
* given in and claimed by your Eftimate ; and,
' together with all other Demands for raifmg and
* maintaining your Forces, and for your Pains,
4 Hazard, and Charges, fatisfied by us in the grofs
* Sum of 400,000 /. agreed to be paid unto you
* in lieu of all Demands whatfoever; can we now,
* in reafon, conceive, that fuch an Army in the
* Kingdom of Etgland, fo to be raifed and paid
* wholly by the Kingdom of England, fhould
* claim any Right to detain phe Perfon of the King
* in thcjr Hands from his being difpofed in Eng-
1 latfd by the two Houfes of Parliament? If we
* had forefeen as much, as your Lordfliips fay you
* did, there would have been no fuch Debate as
* now is.
« It is moft true that by our Declaration of the
* 8th of November^ 1642, and the 27th of June,
1 1643, when we invited your Coming in ; and
* when, on the igth of July, 1643, our Commit-
' tees went to treat with you to come to our Af-
' fiftance, (whofe Arrival at Edinburgh was on the
« fevench of Auguft} our Enemies were powerful
' and prevailing. It is alfo as true, that all might
* have been loft, had not the good Providence of
* Almighty God mercifully and feafonably inter-
4 pofed in ourgreateft Straits, and mightily changed
' the State of pur Affairs between the Time of
* our Invitation of you, and your Coming in ; be-
* tween which Time 93 Coloursof Horfe of the
* Earl of Newcaftle's Army were utterly defeated
* in Lincolnjbire ; his old Army broken before
* Hull; the King's Army, where himfelf was in
« Perfon, wafted at the Siege of Gloucejler ; that
* Siege raifed, the City relieved, and that Army
< broke at the Battle of Nrwbery; with fome
N 4 'other
goo The Parliamentary HIST OR y
An. it Car. I. < other happy SuccefTes at Alton, Arunddl, and
. l646< , * other Places ; all which was to the great Weaken-
Nomnber. ? ^ng of the Enemy and Strengthening of our Party ^
' And whereas you will feem to intimate that,
1 for the Good of Religion, King, and Kingdom, you
' did voluntarily forjake your own Pea$ey though
* you had confidered how prejudicial it would be, and
* what infinite Lofs, Trouble and Danger your En-
c gagement with the Parliament of England would
' bring to the Parliament of Scotland -3 yet we de-
' fire you again ferioufly to confider, whether
' Scotland could have continued in Peace, if the.
' King had here prevailed againrt us : Had not
' you more hazarded your Peace by fitting ftill, and
' letting a powerful prevailing Enemy invade Scot-
' land? Ha;h not the laft Year's Experience
* {hewed you what a Party he might have found
' there ? Had it not been a greater Charge to de-
' fend yourfelves upon your own Account, than,
* by aflifting this Kingdom, to prevent your own
6 Ruin at our Charge ? \Ve cannot believe you
e can think you were out of Danger, though it
' was then your Lot to be the fartheft from it of
4 the two Kingdoms.
' We did never imagine that the Treaty (no
e way difadvantageous to you) fhould be look'd
« upon as it feems it is by thefe Words, Wejiocd
* not upon Conditions, as if we ought to give you
« muchbetterConditions. Certainlyif we, without
* any other Relation, look only into the Nature
* of the Conditions, Auxiliaries might be had
* (and arc daily had in other Parts, and of your
* Nation) on the fame, orlowerConditions. We
« fliould moft gladly have omitted thefe Things,
' but that they are mifrecited in your Paper, and
* fo often prefs'd upon us ; and we hope we (hall
' both take Notice of mutual Obligements to make
* our brotherly Union more firm.
* We fhalf, before the World, at all Times ma-
' nifeft that we {hall go along with them that fet
* the higheft Value on your Aflifrance ; but we
* dcfire your .Lord {hips would not, by infifting up-
of E N G L A N D. 201
' on your own Deferts upon miftaken Grounds, An- « Car. I.
* lay Reflections of Ingratitude upon us, of which . ' 4 '_ j
* you know we are not guilty. We have before November.
< fo fully anfwered your Arguments, from the Co-
* yenant and Treaty, and fhewed that they direft-
* ly make good our Refolutions, as we fhall fay
* nothing in this Place to them; but obferve that
' in this Argument you mention the Defence of
* the King twice from the Covenant, yet in both
* Places, leave out the Words, in the Preferva-
« tion and Defence of the true Religion and Liber-
* tiff of the Kingdoms.
fi
[The AJJertion prefixed to the Commons Anfwer
to the firjl Objeftion^ We do affirm, &c. is
repeated at the Head of each ofthem.~\
The COMMONS ANSWER to the fecond OBJECTION
or ARGUMENT of the SCOTS COMMISSIONERS.
[ Already given at p. 129.]
' Herein is repeated what you have faid before;
1 fome Things are new, as that it begins with,
* Although his Majeftys riding one Day 3 'Journey
4 might wholly fubvert the Grounds of this Objection,
* yet, &c. But we fhall never fuppofe, the King
* being in England, our Brethren of Scotland will
' take him out of this Kingdom, neither will fup-
* pofe what Differences between the two King-
* doms one Day's Journey might make. It £
' one Thing if the King had come. duly unto you
* into Scotland, and clear another his coming to
* your Army in the Kingdom of England. You
* here repeat the King's voluntary Coming to your
f Army, and we fay we defire not to debate on
' what Grounds he came. We never faid his be-
* ing in England took away your Relation to him ;
' but that you have no Right of difpoiing of his
* Perfon in this Kingdom : And, by a former Ar-
* gument of your own from the Common Law and
* Practice of all Nations, his being in England
* gives us a Right, if we had it not otherwifc.
« And
202 7&? Parliamentary His TORY"
.An. 12 Car. I. « And we defire your Lordfliips to confider that,
t ** ' t ' by your Argument of the Relation between the
November. ' King an<^ ms Subje&s, when you alfo aflert the
' Right of mutual Performance and Exercife of
c them, as well without as within each Kingdom
* refpe&ively, in England as Scotland, or in Scot-
* land as England^ you confound the particular
' Rights of the two Kingdoms, which would be
' a great Violation of the Covenant; And if you
* may argue for your joint Confent, becaufe the
* King's Coming to you was an Emergency of
' War, you may, by the fame Reafon, claim a
' joint* Intereft in the difpofmg the Northern
* Counties, and fay they fell into your Hands as
* an Emergency of War.
' If, in your Allegation of the Fundamental
* Right of the Kingdom of Scotland, and the Li-
' berty of that Kingdom, you mean in Scotland-^
' we did never difpute againft it: But if you mean
* in England^ then, if we had taken the King bt-
' fore our Conjunction by the Covenant and Trea-
* ty, our difpofmg of him without your Confent
c had been againft the Fundamental Rights of the
4 Parliament of Scotland j which we are confident
' you will not fay.
* And your Lordfhips having agreed, at the
* Conference, that the Kingdom Scotland hath
' no Right of Exercife of Intereft in the Kingdom
* of E'gla>:d but by the Covenant and Treaty;
* and the two Houfes of Parliament did not enter
* into that Conjunction with our Brethren of Scot-
* land to put the particular Rights of the King-
* dom of England into a worie, but into a better
* Condition by that Conjunction ; and the Cove-
' nant and Treaty do provide accordingly ; and
* that we have not parted with this Right by the
* Covenant and Treaty, we have formerly {hewed,
4 You cannot apply the Large Treaty, concern-
* ing the King's voluntary Reildency, to this
< Queftion, whilft the King is not in a Condition
« of exercifmg the Duties of his Place, or difpo-
* fing of his Perfon into anv of his Kingdoms
of E N G L A N D. 203
at his own Election, as in Times of fettled Peace : An- JJ £"•
And if the King had been in Scotland in fuch at '
Cafe as ours is, we {hould not have faid more to November,
your detaining of him, than we defire you {hould
now fay to us.
* And whereas your Lordfhips fay, // fiems
Jlrange that you, being come in upon Invitat.on, as
for other Ends, fo to defend his Majejiy's Perfon,
your now being in England Jhould be made Ufe of
for Delivery of the King to be difpofed by us ; we
underftand not why the difpoling of the Perfon of
the King in England, by both Houfes of Parlia-
ment, and the Defence of his Perfon according
to the Covenant, may not well confift together :
We demand to difpofe of the King, becaufe the
King is in England, and you, of all other, who
come to defend our Rights, (hould not violate
them : And it would be much more ftrange, if
any {hould think that when we invited you, that
by your Affiftance we might preferve our Inte-
refts, we {hould invite you to difpofe of our In-
terefts.
' You argue from the third Article, the Words
whereof are, That the Army be commanded by a
General appointed by the States of Scotland, and
fubjeft to fuch Resolutions and Direflions, as are
and Jhall be agreed and concluded on mutually be-
tween the two Kingdoms, or by Committees appoint-
ed by them in that Behalf, for purfuance of the
Ends above-mentioned, which are the Ends ex-
prefled in the Covenant ; we {hall fpeak more
of them in our Anfvver to your next Objection.
' You apply, but improperly, this third Article
for your joint Right of difpofing with us the
Perfon of the King in the Kingdom of England:
And why? Becaufe to defend and preferve his
Perfon is one of the Ends in the Covenant. You
may as well fay you have Right of joint difpofing
all our Laws and Liberties ; for to defend and
preferve them is one, and a main one, of the
Ends in the Covenant.
« Your
204
An. 22 Car* I.
1646.
November.
The Parliamentary HISTORY
Your Arguments from the ninth Article are
before anfwered : And here you again alledge
the Covenant, and here again, as in the for-
mer Objection or Argument, when you mention
that you are to preferve the Perfon of the King,
you leave out the fubfequem Words, in Prefer-
vation and Defence of the true Religion* and Li-
berties of the Kingdom,
'The COMMONS ANSWER to the third OBJECTION
or ARGUMENT of the Scots COMMISSIONERS.
[Given at p. j 2.]
e The Truth is thus : On Tut/Jay the fifth
of May laft, our Committees before Newarkhzd
Notice the King was come to Southwell, the
Head Quarter of your Army there, before they
heard any Thing from your Committees of it,
who fent two of their Number to give our Com-
mittes Notice of the King's ( oming to South-
well; which two did prcmife to deliver to the
reft of their Number the Defires of our Com-
mittees, That the King might not remove from
Southwell: And afterwards our Committees hear-
ing the fame Day the King came to our Army,
that your Army was preparing to march, told
your Committees of it, of and their former De-
fire, That the King might remain at Southwell;
your Committees denied there was any Intention
in your Army to march: And to the DC fire of
the King's not removing from Southwell^ they
faid, He w as gene to Kelham before they heard
from our Committees. Whereupon our Com-
mittees earneftly prefled them the King might
return back to Southwell, and not to be at Kel-
ham, where the Body of your Army lay, to cajole
or difturb your Soldiers; but could not obtain
* the Confent of your Committee thereunto. The
' next Day our Committees hearing that yourAr-
« my had difpofed of their Provifions, and fent in
* for many Carriages, did again complain to your
« Com-
^ENGLAND. 205
* Committees ; who again alfo abfolutely denied An. « Car. I,
* it, and faid, Nothing fhould be done without our »646- ^
* Committees having Notice: Neverthelefs, the November.
' next Day, being Thurjday^ your Army marched
* away, and took the King with them ; and when
' your Army were on their March, and not be-
' fore, fome of your Committees acquainted ours
* with it. Now it is moft evident that, by the
' Treaty, our Committees being equally te com-
' mand and diredt your Army as your own, and
* your Army obliged by the Treaty equally to
' obey them as a joint Committee, if you have any
' Right becaufe the King came to your Army, the
' King came to our Committees as to yours, and
* they had in that refpedt equal Power to difpofe
' of him. — But what was done is before exprefled.
* You fay you did write to the Houfes; and your
' Paper intimates one Reafon of your going was,
* becaufe you heard not from the Houfes. You
* wrote on Wednefdayy and marched away the next
' Morning: Could you expect a Return from the
* two Houfes in that Time, the Diftance being
* 100 Miles ? You alledge your March was after
' the Surrender of Newark; when as it was only
' after the Commiffioners for the Treaty had agreed,
' but before the Agreement was figned by the
* Committees and Governor of Newark; and the
« Town was not furrendered till the next Day,
* which was done, on fome Emergency, a Day
* fooner than was agreed on by that Treaty.
* And fhall we think that your Army fhould
* march away on the Rumour of 5000 Horfe and
* Dragoons of Sir Thomas Fairfax' s Army marching
* Northward? But, how.ver, there was no fuch
* Thing, nor did any fuch Order of the Houfe of
* Peers, as your Lordfhips mention, ever come to
* the Army of Sir Thomas Fairfax; neither did the
* General, Lieutenant-General, nor any other Of-
* ficer that ever they heard of, know of any fuch Or-
* der, till your Lordfhips mentioned it in your Paper
« of the 20th of Offober laft. And if they had
' marched, they are under the Command of the
a « Par-
2o6
The Parliamentary
An. 22 Car. I. < Parliament, and have flie wed themfelves faithful
v ' 46' , andferviceable, and God hath exceedingly blefled
November. tneir Service to the Good of both Kingdoms.
4 This being the true State of that Bufmefs,
our Committee of both Houfes being upon the
Place at the Siege of Newark, and not fo much
as advifed with by your Committees what was
fit to be done with the Perfon of the King (the
Difpofingof whofe Perfon, with your joint Con-
fent, you now make a Matter of fo high Concern-
ment); but your Army, contrary to Engage-
ment not to remove without • the Knowledge of
our Committee, removing and taking the King
with them, without any Notice given to our
Committee before their March, though nothing
but a River parted the two Armies with which
our Committees did then refide: Your Lordfliips
will now think our Committees had Reafon
to defire to return; and there was little En-
couragement for any other Committee to go
down to your Army, efpecially confidering that
you took Carjlile from the EngHJh Forces there
againft the Confent of the Committee then up-
on the Place. And that when your Army was
at BramJ}am-Mocr> a little before the King took
Leicefter, (the King then being very ftrorg, and
our Affairs in a hazardous Condition) they were
earneftly prefled by our Committee, then a joint
Committee with them, according to the Treaty
to march Southward ; but, contrary to their De-
fires, and againft their Confent, your Army
marched away Northward.
* It is true that you fent out Orders to debar all
fuch of both or either Kingdoms, as had been
in Arms againft the Parliament, from coming in-
to your Quarters, or to the Court, or to the Per-
fon of the King; and it is as true, that they did
come notwithftanding thofe Orders, and yet no
Man puniflied for Breach of thofe Orders that
ever we heard of.
' Your Lordfhips fay, There is no fuch Claufe in
' the Treaty, as that the Scots Army jhould do no-
of ENGLAND.
* thing without a joint Resolution of both Kingdoms ,
c or their Committees ; and thence infer, you hav-
* ing no joint Refolution to the contrary, you Nov«mbw.
* might march away. But it is moft evident from
* your Argument, (for your Example, the Army
* under the Earl of EJJex or Sir Thomas Fairfax, is
c not at all applicable to your Inference) that it is
' wholly in your Power whether the Kingdom of
* England fhall ever join in directing of your Army
' or not. You had no Committee for fifteen
* Weeks before Newark, and all that Time our
' Committee could not order your Army for Want
" of yours to join with them; when yours did
* come, they having a negative Voice, did not
* agree to our Committee's Defires for the King's
* Stay at Southwell, or acquaint them with your
* Armies going away, but denied it to themj
* fo as that main Thing in the Treaty to join in
' ordering your Army is, both by your Practice
' and Aflertion in your Paper, rendered ufelefs.
* And in this Argument alfo is the Covenant
* recited for the Defence of the Perfon of the King,
4 and the Words, In the Prefervation of Religion
4 and the Liberties of the Kingdoms (a main Claufc
' without which the other Part ought never to be
' mentioned ) are left out. Certainly, myvLords,
* we fhould never have argued thus from the Co-
^ venant and Treaty. And here you fay again as
* formeily, Tour Army claims no Right to difpofe
* of the King: But we fay that, de Fafto, they do
' difpofe of him ; and muft, by your Argument,
4 ever do fo, unlcfe we agree to the joint Confent
* of the Kingdom of Scotland for difpofin" of the
* King in England, (and that from fuch Grounds
* as, if admitted, would intereft the Kingdom of
' Scotland in the Government of the Kingdoms of
* England and Ireland] elfe you will not confent;
* and unlcfs you confent, you fay your Army ought
4 not to part with him ; fo as he is to be difpofed by
* you in England without our Confent, but not by
' us in this Kingdom without your Confent; which
' fure cannot be found in the Covenant,
The
208
tfbf Parliamentary HISTORY
"• J* Jan *• The COMMONS ANSWER to the fourth OBJECTION
... ^ ' . or ARGUMENT of the Scots COMMISSIONERS.
November. [Given at p. 134.]
* This contradicts what you have formerly faid,
That one coming to another Nation ought not to
be remanded^ though for the great eji Crime.
4 And let your Lordftiips confider, that your
Army in England is not the Kingdom of Scotland.
And here alfo you recite the Covenant, as to the
Defence of his Majefty's Perfon ; but omit the
fubfequent Words, In the Prefervation of the true
Religion and Liberties of the Kingdoms. And as
all Perlbnsin both Kingdoms, who have taken the
Covenant, havebound themfelves before Almighty
God to defend the King's Perfon, in the Defence
of the true Religion and Liberties of the King-
doms ; fo are they to do it only in their fevera!
Vocations, without intrenching upon each others
Rights and Privileges; for which Reafon alfo
Incendiaries were referved to the Trial of the
Supreme Judicatories of the Kingdoms refpe&ive-
ly, that their feveral Jurifdi&ions might not be
prejudged or confounded.*
The COMMONS ANSWER to the fifth OBJECTION
or ARGUMENT of the Scots COMMISSIONER^,
[Given at p. 134.]
4 It is moft true, it hath often been fet down
4 in your Papers, That your Army neither doth
' nor will take upon them to difpofe of the King j
* yet we know that, de Facla^ they do difpt/e of
4 him. You fay, He came without Capitulation or
* Treaty : We again defire you will not put us
' upon that Debate. You alledge, Tf)at his Re-
' fidence is voluntary and free : Yet you fent us
4 Word that you had fet a ftrongGuard upon him>
* and you can not fay, That the Covenant, Treaty,
* or Fundamental Rights of the Scots Nation are,
* That he fhould be in voluntary Freedom with
' us, but in reftraint with you.
* You
of E N G L A N D. 209
* You argue, That the fole Difpofal of the King An. ** Car. !•
* comes in Place of Peace ; which is not fo, unlefs t **** ' .
' you will grant that you have now made Peace^ November.
* for you have the fole Difpofal. But all this is
* before more at large.'
The COMMONS ANSWER to the fixth DEFECTION
or ARGUMENT of the Scots COMMISSIONERS.
[Given at p. 135.]
* We have never alledged that the Parliament
' of Scotland hath riot the like Exercife of Inte-
* reft in Scotland as We defire to have in England,
* and yet this is often objected againft us. But
* we do aver , that the Right of Exercife of Inte-
* reft is diftincl to each Nation : And from your
' own Argument, if we do not deny this Right
4 to Scotland^ why (hould you deny it to England?
* The Union of the Kingdoms under one Head
* doth no more confound the Exercife of particular
' Rights, than if under feveral Heads. We never
* defired you to renounce any Right of the King-
* dom of Scotland j let us have the fame Meafure.
* By your Argument it muft follow, That, by
* England's having the King of Scotland^ the Kina;-
* dom of Scotland fhould be King of England:
4 For although the Perfon of the King be not di-
* vifible, yet his Relations are divifible, both in their
* Nature and Exercife; the King of England and
* the King of Scotland are one Man, but they are
* not one Thing. And tho' thofe Relations are
* not divifible from his Perfon, yet is the Exercife
' of them divifible from his Perfon, as his Perfon
4 is divifible from either or both of the Kingdoms,
4 and as the Kingdoms are divifible from each other
* in Place and in Power, in Right and in Intereft,
* within theirfeveral Precincts ; and the exact: Pre-
4 fervation of this Diftinclion is the beft Means to
* prevent a worfe Divifion.
* And if, as you fay, your defiring not to part
* with your Right, doth notar^ue any^Diffidence ifi
VOL. XV. O us>
2xo The Parliamentary HISTORY
An. ^^ Or. I.< us; now that it is (hewed you have no Right, why
/' | , * will you be diffident of us, to hinder the Exercile
pur_particular Rights ?
4 That which you call your laft Objection was
* an Anfwer to your Reply.
The COMMONS ANSWER to the feventb OBJEC-
TION or ARGUMENT of the SCOTS COMMIS-
SIONERS. [Before given at p. 136.]
\ Although in this Anfwer of the Commons fofaf,
they have cited every Objection at large as made
f>y the Scots CommsJJioners^ yet here they have
gone no farther than the firjl Paragraph, be-
gijining ivith^ If this Argument, and ending^
as they (hall think fit ; wholly omitting the
Jeveral Expedients offered by the Scots for the
Satisfaction of the King.]
' You object, Your Arrfiy cannot part with
* the King without the Confent of the King-
* dom of Scotland; the Kingdom of Scotland can-
* not confent, unlefs they may join in the Dif-
* pofal of his Perfon ; they will not join till it be
' agreed that he be difpofed for the Good of both
' Kingdoms : And can any Thing then be more
* plain, than that the King is then to remain where
' he is (as we have faid before) untillcyou will be
' fatisfied ? And being where he is, we know, and
' fo do you, that he is difpofed of againft our Con-
1 fent. And if this Argument were turned over,
* it would remain good : For we do fay, The
' Kingdom of Scotland had not Right of joint In-
* tereft in difpofmg of the Perfon of the King if
* he were at IVeftminjler \ neither (hould we clairri
' any, if he were duly at Edinburgh. And if this
' be a good Argument, it will follow, That you
* ftiould have fome other Nation to refide contr-
* nually with us, to advife and confent to what
1 Places the King fhall go upon every Occafion of
1 his Remove, and upon every Accident that may
* happen ; confidering the Temper and Condition
^ENGLAND. 211
* of thefe Times may call for fudden and different An- 22 Car-
1 Refolutions, and fuch as they are only capable to t ' *6' t
'judge of, and to apply Remedies unto, who are November.
' upon the Place.
« We doubt not your Lordftiips are fatisfied
' that the" Coming of the King to your Army was
* with a Dcfign, on his Part, againft the Good of •
* both Kingdoms ; which, with his denying the
* Proportions, being among you, are not Argu-
* ments that he ought to be left to his own Will
« and Pleafurc.
' Upon the whole Tract in your Papers we
'{hall, from brotherly Affeclion, let you know, to
* prevent the like for the future, That your Papers
* feem to be prepared, printed, and pablifhed to
' captivate the Hearers and Readers, to trouble their
' Fancies, and hinder the right Underftandingof
* the Queftion, and that they may be led byanim-
' plicit Belief; and feem to hold forth^ That
' you will fo manage your Affairs, as that, if any
* Difference fliould happen (which God forbid,
* and we (hull always endeavour to prevent, tho*
' it arife elfewhere) it may be laid on the Houfes
' of Parliament : Your Papers throughout inter-
' volvin^ Things of feveral Natures^ mif-reciting
* fo many Matters of Fact, holding forth Examples
' and Similies, (which, if ur^ed by us, wereunrea-
' fonable) as if they were applicable tothepre-
* fent Debate, which yet they are not j that many
* Readers and Hearers, though they know not how
' to apply them to the Queftion between us, yet
' may think they are to it, becaufe the Scots Com-
* mifiioners would not elfe have inferted them.
4 Having thus cleared the Right of the Par! ia-
c ment of England^ in difpofing the Perfon of the
* King in the Kingdom of Er^land^ we come
' now to the Propositions: But, before we fall in-
' to the Particulars of them, we {hall give a fliort
' Anfwer to your Letter of the 24th of October
* lal'h You exprefs therein, That the Scots Army
' ba-j;;ij had no Pay fir fix Months, have been
* forced to take free Quarter; which we wonder
Oz « to
212 *Tbe Parliamentary HISTORY
n. 21 Car. l. < to fee, when your Army taketh 19,700 /. month-
|646; , ' ly in Mf ney, befides much free Quarter. And
November. ' we fent your Lordfhips an Account of this, which
* we received out of the North ; befides which they
* have had, for one Year ending the laft of Oflolef
« laft, 72,9727. 2 s. \i d. for the Cuftom and
* other Impofiticns upon Coals only.
* Your Letter feems very corhpaffionately to
* confider the Mifery of the Northern Parts ; but
* the Ways you propofe of Remedy extend the
* Benefit of ycur Companion efpecially to the
' Scots Army ; the which Army's removing into
* frefh Quarters in England, were to make them
* feel as much Mifery as thofe it would leave.
* We fhall provide what Money we can to enable
* the Scots Army to march into Scotland; but you
' know we are not engaged to you for 200,000 /.
' in prefent, as your Letter implies. But this is
* before more at large.
' But whilft you would not have the King to go
* into Scotland^ (for you fay that it is prejudicial
' to both Kingdoms) neither would you have him
* go into Ireland, or beyond Sea, (becaufe you
* fay that would not be a Way to prefent Peace,
' but certainly prognosticate new Trouble); and
' whilft you will not let the Parliament difpofe of
' his Perfon in England^ according to their Right,
* (and the Parliament cannot admit of a joint Right
* in you of Difpofmg his Perfon here, for that were
* to admit a joint Right in you in all the Liberties
f of this Kingdom) how (hull any be fatisfied that
' this Queftion, concerning the Difpofmg of the
* Perfon of the King, {hall not retard the march-
£ ing of the Scots Army out of this Kingdom ?
« W ill they not enquire, What will the Scots do
* with the Perfon of the King, when their Army
* marcheth out of the Kingdom ? To which we
e hope it will be anfwered, Our Brethren of Scot-
* land are fatisfied the Parliament of England will,
* according to their Right, difpofe of the Perfon
* of the King in the Kingdom of England: And
* your Lordfhips may reft allured the Perfon of
* the
J
of E N G L A N D. 213
* the King will be difpofed by the Parliament of An. ** Car. I.
' England^ as may beft conduce to the Good, l646
« Union, and Happincfs of the two Kingdoms.
f-r*t T\ r ' i f \ T^«
' The Propofition you make for the King to
* come to us with Honour, Freedom, and Safety ;
* or that Commiflioners may once again be fent
* in the Name of both Kingdoms, with Power to
* hear his Defires, and to endeavour the Satif-
« faction of Doubts and Scruples, is the fame in
* Subftance made by himfelf, in his Anfwer to the
* Proportions fent him by both Kingdoms ; but
4 that you alfo propofe that fome may be fent to
4 the King, and he defires to come hither ; and
* your Lordfhips will not think they are more
' reafonable when made by you for the King, than
' when made by the King for himfelf,
* And whereas your Lordfhips find a Difference
* in the Times when both Kingdoms fent to the
« King, in Anfwer to his Letters of the 26th and
' 29th" of December laft, defiring to come hither,
< for that he had then both Garrifons and Field
* Forces unreduced : We defire your Lordfhips
* to remember, That although thofe Paflages of
« his having Garrifons and Forces be in the Letter,
« yet the main Matter infifted upon was in thefe
« Words, We conceive that, until/ Satisfaction and
< Security be firjl given to both your Kingdoms^ your
' Afajejly's Coming hither cannot be convenient, nor
4 by us ajfinted unto. And which doth further
* appear in another Letter, fent from the Parlia-
* ment and your Lordfhips in March laft, in An-
« fwer to a Letter of the King's of the 23d of
* the fame March^ wherein the fame Words of
* Satisfaction and Security are again exprefsly re-
* peated ; and there hath not been any Act done by
* the King fmce that Time, that hath, in the leaft,
* given Satisfaction or Security to this Kingdom :
* But, however, your Lordfhips well know, that
* the King, at the fending of the faid laft Letter,
* had no Forces in the Field, nor Garrifons un-
' blocked up j and he hath as many Forces now,
4 when you make thefe Defires for him, as he had
O 3 « when,
214 yb* Parliamentary HISTORY
n< * fi e" **' wnen> to your unfpeakable Grief, (as you fay
v * 4^' _j ' in your Papers) lv:, in his Denial to grant the
November. * P.ropofitions font him from both Kingdoms,
6 made then the fame Defires for himfelf.
' Your Lordfhips recite our Anfwer to his Ma-
' jefty's MeiFa^e of the nth of September 1642,
' to which we {hall need fay no mere, than that
' there is a large Difference between what is to be
f done to prevent a War, which the common
* Enemy did begin by keeping the King from us,
' and what is to be done after fuch a War to fecure
' a Peace : To fecure which, and to preferve
* brotherly Union between the two Kingdoms,
' which we moft earnefHy and from our Hearts
' delire, we fnculd ufe all Means conducing there-
* unto, and endeavour to prevent all Ways of
* Separation; and if we be in any, to haften out
' ofthem, the true End of our Covenant and this
' Wur being that neither of us may be under any
' Oppreflions. Let us both adt for the common
* Good of both, and each enjoy our particular'
* Rights; fuch Union is ftrong and will be laft-
' ing : But where one gaineth upon the particular
* Rights of the othor, and then argueth that he
' mutt keep it, and the other bear it, to avoid Dif-
* union; fuch Arguments are not to be often ufed,
* and fuch Attempts are to be forborne, left they
* make a Breach in brotherly Union ; which God
« forbid.
* But we are confident the Right of the King-
? dom of England will be acknowledged, and we
* poflcfled of it; and v/e (hall make it appear how
' little Caufe there is for thofe groundlefs Infinua-
* tions in your Speeches and Papers, as if the Par-
' liament of England were averfe from their antient
' and fundamental Government, by King, Lords,
' and Commons, which we had thought the De-
' claration of the Boule of Commons cftheiyth
* of April 1646, fufficicntly cleared to the whole
4 World ; or that they were not as really forward
' as anv, for the procuring of a f.afe and well-
* grounded Peace, which is^the greatcft and chiefeft
8w * 4 'of
of ENGLAND. 215
* of our Defires j and it wjlJ be manifeft to the Judg- An. 22 c»r. I.
4 meats and Confciences of all, That as we really l*>**-
' endeavoured the Good of the King and both December"'
* Kingdoms, fo (hall we conftantly and faithfully
* perfevere in thofe Endeavours ; not doubting
' but, upon our fincere performing our Covenant
* and Treaties, the Bleffing of God will fo ac-
* company us, as there will be a moft fweet and
* brotherly Agreement between the Nations, and
4 fuch a Conclufion as will be pleafing to God,
* and wherein both Kingdoms (hall find the greateft
« Comfort and Happinefs.'
Nov. 29. This Anfwer of the Commons feems
to have been refented by the Scots Commiflioners ; J^'ch tbjjg"|cott
for, next Day, the Speaker acquainted the Houfe, comir.iflioners,
That he had lent his Servant, with the Anfwer and theyrefufe tore?
a Letter from h,imfelf fealed up to thpfe Cpmmif- ceiveit-
fioners ; and the Servant being defired to ftay a little,
they came to him again, and gave him a Letter, di-
redted to the Speaker, and returned the Anfwer
fealed up as it was and wrapped in a clean Cover.
The Servant urged, That he had no Warrant to
receive it back if it was the fame he brought , but,
upon the Commiflioners preffing it on him, he took
both. The Letter was immediately read ; it is
not inferted in the 'Journal^ but only faid to be
dated from Worcefter-Houfe, and fubfcribed by
five of the Commiflioners ; and therefore we can
only conjecture, that they refufed to receive it, be-
caufe it came not to them from both Houfes of Par-
liament, as every Thing elfe had done.- The
Houfe of Lords took no Notice at all of this
Matter.
December. This Month begins with an Ordi-
nance for the better Obfervation of the monthly
Faft ; which having been much flighted at this
Time by the People, it was ordered to be more
ftriclly kept under feveral fevere Penalties.
The Lords alfo proceeded, according to a late
annual Cuftom, to nominate Sheriffs for the feveral
O 4 Counties
2 1 6 The Parliamentary HISTORY
An. ax Car. I. Counties in England and Wales-, the Names of
i ' * ' all which are particularly entered in the Journals.
December.
Dec 5. Several Papers were delivered in to the
Houfe of Lords, containing the Subftance of the
Difputes, between the Commifiioners of both Na-
tions, about the Payment of the firft 200,000 /. to
the Scots Army, and the Manner of their evacuating
this Kingdom.— But thefe Altercations, being very
long and tedious as entered in the Lords Journals*
we pafs over; and this the rather, becaufe the Refult
of the whole was foon after digefted into Articles
in Form, which will appear under their proper
f Date. Mr. Ru/fnuortb writes, ' That this firft
The Money for i , • , -r \
thepa-imnt 2OO,ooo/. which was to be railed according to
of the firft the Parliament's Propofals to the City of London^
000,000 /.to before given, and on the Security of the Bifhops
tncm very ipccai" — . ° • /•/•/it iti i
lyraifedj L»'nds, came in fo faft, that the whole was made
utj by the End of the laft Month.' This gave
luch Encouragement to the Scots Commiffioners,
that, on the feventh of this Month, they prefented
the following Paper to the Houfe of Lords, ad-
drefied to their Speaker :
Right Honourable^
Whereupon they c •« TirE do agree with your Lordftiips concern-
tequirefomefur- t VV • the Terms of the Payment of the
tner Security lor o t r» •
the latter c late 20o,c.oo/. But, as to the becunty, we are
aoo,ooo/. « commanded to defire it may be out of the E-
' ftates of Papifts, Prelates, and Malignants, ac-
' cording to the Treaty betwixt the Kingdoms;
' or otherwife we do defire that we may have
' fome other particular Security : Concerning all
' which we are ready to confer with yo.ur Lord-
« fliips, and are confident we fhall come to a good.
* Agreement.
« We do Hkewife expeft that, fmce our Army
c is to remove out of this Kingdom, and the Irijh
* Rebels do and are like more to infeft the King-
« dom of Scotland, the Honouralle Houfes would
« take into Ccnuderation what Aid and Affiftance
of E N G L A N D. 217
* to give to their Brethren of Scotland; or give An< 2* Car-
' Power to your JLordfhips to confer with us about t ' *
' I*- December.
By Command of the CommiJJtoners for the Par-
liament of Scotland.
JOHN CHIESLEY.
The Lords ordered this Paper to be communi-
cated to the Commons, which was done t he nex t
Day accordingly. But that Houfe refolved to ad-
here to their former Vote of giving no other Se-
curity for the laft 2co,coo /. than the Public Faith j
and the Money to be paid to the Scots Army, ac-
cording to the Times formerly limited. How-
ever,
Dec. 10. We find an Ordinance of Parliament,
parted this Day, for the fpeedy Conveyance of the
Sum of 200,coo /. in Specie, to the City of York^
being the Fiift Payment due to the Scats Army.
The Lord Mayor, and all other Magiftratcs and
Governors of that City, were required to be aiding
and affifting to the Treafurers, for the fafe-keeping
the faid Sum, during the Time it fhould remain
there, (a)
Notwithftanding every Thing went on fo
fmoothly, yet the Parliament did not think them-
felves fo fecure in their new acquired Power, but
it might be overturned again. Thefe Jtaloufies
were chiefly occafioned by great Numbers of Ma-
lignants rcforting then to London, more to com-
pound for their fequeftered Eftates, than to raife
any frefh Commotions. However, the Parliament
thought fit, for their further Security, to pafs a very
fevere Vote at this Time, ' That all who (hould
raile Forces againft the Parliament, or either
Houfe,
(«} This Mrney, under a great Convoy commanded by Major-
CeneiaL ^tiffin, came down to York, Jan. i. ihif Year, and was
paid to the Scoti, at thc^'-mmon HaH of that City, very Coon
are r. At their Coming in all the Artillery of the City were dlf-'
Charged.
Drakc't HUlory of Ytrk, Fol. LcrtJca, 1736, p. 171.
2 1 8 tte Parliamentary HISTORY
An. 21 Car. I. Houfe, hereafter, fhould die without Mercy, and,
._.16*6' have their Eitates confifcated.'
Pecember.
Dec. 14. An Ordinance, formerly brought up
from the Houfe of Commons, for clearing the
Proceedings of Parliament in the Courfe of this
War, was read in the Houfe of Lords, agreed to,
and ordered to be printed; notwithftanding which
it is not to be found in HuJbantTs^ ScobePs^ or
Ruftxvirtb' s Collections', and we give it as entered
in the "Journals of the Lords.
An ORDINANCE far justifying the Proceedings cf
Parliament,
An Ordinance "IT/Hereas the Lords and Commons, aflem-
rocft-ed" bled in Parliamcnt» have been neceffi-
parKa-" tatccl to profecute a War in their juft and lawful
Defence; and thereupon Oaths, Declarations,
and Proclamations haye been made againft them
and their Ordinances and Proceedings, and a-
gainft others for adhering unto them, and for
executing Offices, Places, and Charges, by Au-
thority derived from them ; and Judgments, In-
dictments, Outlawries, Attainders, and Inquifi-
tions, for the Caufes aforefaid, haver been had and
made againft fome of the Members of the Houfes
of Parliament, and other his Majefty's good Sub-
jects ; and Granti. have been made of their Lands
and Goods :
4 The Lords and Commons, afiembled in Parlia-
ment, taking the fame into their ferious Con-
fiderations have declared, and do hereby declare,
That all Oaths, Declarations, and Proclamations
heretofore had, or hereafter to be had, againft both
or either Houics of Parliament, or any the Mem-
bers of either of them for the Caufes aforefaid, or
againft their Ordinances or Proceedings, oragainft
any for adhering unto them, or fordping or exe-
cuting any Office, Place, or Charge, by anv Au-
thority derived from the faid Houfes, or either
'
0f ENGLAND. 219
f of them; and all Judgments, Indictments, Out- An. i-> Car. !„
f lawries, Attainders, Inquifitions, and Grants l646 ^
thereupon made; and all other Proceedings for r>Cemb«r
any the Caufes aforefaid, had, mad,e, done or ex-
ecuted, or to be had, made, done, or executed,
whether the fame be done by the King, or any
Judges, JufticessMinifters, Sheriffs, or any others
by his Majefty's Direction or Appointment, are
void and of none Effecl; and are contrary to, and
againft the L ;ws of this Realm.
1 And the faid Lords and Commons do further
otda n, order, and declare, That all Judges, Ju-
ftices of the Peace, M..yors, ShcrifFs, Confhbles,
and all Officers and Minifters, do take Notice
hereof; and are hereby prohibited and difcharged,
for all Time to come, from awarding any Writ,
Procefs, Summons, or Citation, or from pro-
nouncing or executing any Judgment, Sentence
or Decree, or any Way proceeding againft, or
moleftin j; any of the faid Members of the two
H>)u!es of Parliament, or againft any of the
Subjects of this Kingdom for any the Caufts
aforefaid.
To fb.ew the Scots Nation that the Englijh Par-
liament were in perfect Amity and Friendship with
them, anothei Ordinance was alfo read and agreed
to on this Day; which, with the fubfequent one,
we give from the fame Authority as the foregoing.
An ORDINANCE concerning the Treaties between
the Kingdoms of England and Scotland.
*T^HE Lords and Commons aflembled in Another mn-
1 Parliament, to teftify their Defires *MtJS"£jjJ'i
theLei?ue and Union between the Kingdoms of tj* Kingdom*,
England and Scotland may be firmly kept and
prcfcrveJ, have declared, ordered, and ordained,
and do hereby declare, order, and ordain, That
the Large Treaty pafled between the Kingdoms,
the late Treaty for the Coming of the Scots Ar-
my ;nto England, and the fettling of the Gurrifon
220
.In. 22 Or. !•
1646.
ffie Parliamentary HISTORY
at Berwick, of the 2Qth of November, 1643,
and the Treaty cocerning Ireland, of the 6th
of Auguft, 1642, for bringing 10,000 Scots into
the Province of UIJter, in Ireland, with all their
Ordinances and Proceedings patted between the
two Kingdoms, and whereunto they are obliged
by the aforefaid Treaties ; and all and every Ar-
ticle and Claufe therein contained, (hall be, and
are hereby, ratified, and {hall, for all Time to
come, be inviolably kept and obferved according
to the true Intent and Meaning therein exprefled.'
An ORDINANCE concerning the CeJTation of Arms
in Ireland, and Grant! under the Great Seal of
Ireland.
XlH"Hereas the War in Ireland hath been
maintained at the Charge of the Sub-
jects of this Kingdom of England, and not of his
Majefty; yet, (without Confent or Privity of
the Lords and Commons in Parliament) by
Commiflion or other Authority derived from the
King, a Ceflation of Arms hath been made with
the bloody Rebels in Ireland, after the Effufion
of fo much innocent Blood, and Slaughter of
above 100,000 Proteftants, Men, Women, and
Children; whereby thofe Rebels have received
great Encouragement, and are the better enabled
wholly to extirpate the Proteftants remaining)
and to endanger this Kingdom:
' The Lords and Commons afiembled in Par-
liament do hereby declare and ordain, That the
faid Ceflation ofArms in the Kingdom of Ireland,
and all Treaties and Conclufions of Peace with
the faid Irijh Rebels, made or to be made by the
King, or by any Authority derived from him,
without Confent of the Houfes of Parliament, are
void and of none Effe<£r; and all Governors,
Commanders, Officers, and Miniftcrs within the
Kingdom of Ireland are to take Notice hereof,
and accordingly to demean themfelves in their
rsfpcdtive Charge?.
< And
of E N G L A N D. 221
* And the faid Lords and Commons do farther An. a* Car. !•
declare, order, and ordain, That all Grants of Of- , ' V~ , '
fices, Lands, Tenements, or Hereditaments, made December.
or patted under the Great Seal of England unto
any Perfon or Perfons, Bodies Politic or Cor-
porate, fmce the Ceflation made in Ireland, the
I5th Day of December, 1643, are and fhall be
null and void ; and that all Honours and Titles
in the faid Kingdom of Ireland, conferred on any
Perfon or Perfons fmce the faid Ceflation, (hall
be null and void.'
Dec. 19. This Day both Houfes received a
Petition, intituled, 'The Humble Petition of the
Lord Mayor, Aldermen, and Commons of the City
of London, in Common Council ajjembled ; to which
was annexed, An Humble Representation of the
prejjing Grievances, and important Deftres of the
well-affefled Freemen, and Covenant -engaged Citi-
zens of the City 0^" London.
And firft that from the City, in their Corporate
Capacity, as prefented to the Commons :
' HTHE loud and unanimous Cry of manyA Petition to the
' Thoufands of our Fellow Citizens, as wellparl'*m«nt from
1 as our own Senfe and Fellow-feeling, hath obli-jJj^J^JJjJ*
« ged us to make this prefent Intcrpofition amongftcouncil of Lon-
' other your public and weighty Affairs. We dodon» for di/band-
' in the annexed humbly offer unto you their ownrn8°f the.Arniy'.
, ,,, . jr rr • i_ r /-\-/v removing o:
* Words and Expreffions, with fome Omiflionspreaching sol-
* and a few Alterations, as they were delivered un-^6"* &<«
* to us by a great Number of confiderable Citizens
4 of known Worth, and of approved Integrity to
' the Parliament j that this Honourable Houfe
* may the more clearly fee the deep Senfe they
* have of the growing Miferies and increafing Di-
* ftra&ions of thefe Times. \_(a] The chief Matter
* thereof is the fame with our late Addrefles, which
we
(a) In the Petition to the Lords this Paflage runt thus, ' The
* rfiief Matter thereof is the fame with our late Addrefles, unto
* which we humbly hope your LwdAips will ftill find the fame
•Rea.
222 7/S? Parliamentary HISTORY
. 21 Car. I. we humbly hope and pray may incline this Ho-
nourable Houfe to refolve upon fome fpeedy Re-
medy, now you hear the Giefs and Fears of
the Generality of this City to be ftill the fame
with thofe, which we, the Reprelehtative Body
thereof, then tendered unto you:] The Obliga-
tion that lies upon us to them, the Duty we owe
to the Parliament, and the Ihtereft the City hath
in the Peace of the whole Kingdom, would not
permit us either to reject their Petitions, or to
conceal their Grievances from you ; neither yet
can we ourfelves but both own their Griefs and
Fears, and fo humbly join with them in the fame
Defines'.
6 But to thofe Reafons, in which we have con-
curred with our faid Fellow Cit'zehs, for the
more fpeedy difbanding of the Army among
others, which hath in the Sight of the Kingdom,
by God's Bleffins;, obtained fo many fignal Vic-
tories ; we humbly crave Leave, That aS we de-
tract not from their Merit, fo we may alfo add
thus much, which is daily complained of, That
there are fome Officers, and many common Sol-
diers of that Army, who either have never taken
the Covenant; or are difaffe&ed to the Church -
Government held forth by the Parliament j that
the Pulpits of divers godly Minifters are often
ufurped by preaching Soldiers and others, who
infec~t their Flock, and all Places where they
come, with ftrange and dangerous Errors ; and
then we humbly fubmit it to this Honourable
Houfe to confider what Security or Settlement
can be expected while they are Matters of fuch a
Power,
Reafons to give your favourable Acceptance and noble Regard,
as we humbly and thankfully acknowledge you readily /hewed
unto the fame, when we tendered them unto ycur Lord/hips, as
the Reprefentathe Body of the City alone.' The Obligation, &;•
The Reafon of which Variation feems to be owing to this Circum-
fiance : When the City prcfemed a Remonftrance to both Houfe?,
in Mat 1646, (which 'fee in Vol. XIV. p. 418, ft fey.) the Lords
returned them their hearty Thanks for it ; but the Common's only
gave for Anfwer, ' That they would take the fame into Confidera-
' tion when Time fliould be convenient.'
of E N G L A N D. 223
* Power; and what Example, if not Encourage- An> *J £ar>
* ment, the People may take from them to rcfufe , ^ ^4J
* the Covenant, or, if they have taken it, to con- December.
* temrt the fame, to the great Derogation of that
* Church-Government which the Parliament hath
* declared. We humbly hope that, although fuch
* were difmifled, the Parliament, by their Autho-
* rity, may otherwife, if Occafion require, fuffici-
* entry provide for the Safety of the Kingdom.
* But this great Work, as alfo that which is of
* fo high Concernment to the cftablifhing of a per-
* feet and well-grounded Peace, the bringing home
* of his Majefty, we do humbly and wholly fubmit
* and commit, next to the Almighty Hand of
' God's Providence, unto the Wifdom of both
* Houfes of Parliament; being confident that they
1 will preferve and defend his Majefty's Royal Per-
* fon and Authority, in the Prefervation and Dc-
* fence of the true Religion and Liberties of the
' Kingdom, according.to the Covenant.
* [(b) Wecould not alfo but join with our faidFel-
' low Citizens in that which they defire concerning
' the future Election of the Members of this Ho-
* nourable Houfe ; and although we acknowledge
* there can fcarcely be found a Parliament where
' the Election of fome of the Members thereof
' hath not been excepted againft ; yet we humbly
* pray, thatj as to this Point, we may further de-
* fire, That fuch Complaints as lye before this
* Honourable Houfe, or the Committees thereof,
' concerning undue Eleclioris, may, with all con-
* venient Speed, b^ examined anJ determined.]
4 To that alfo which concerns the Eltates of
* Delinquents which are under Sequcllr.uion, or
' are or {hall be either wholly confiscated, or ellc
4 compounded for, v/e humbly defire Leave f> add
* this Petition in Behalf of ourfelves, and many
c Thoufands of our Fellow Citizens, and all others
« who have adhered to the Parliament, That all
' juft
(i) Th's Paragraph is omitted in the Petition a< prefcnted to 'he
l/M-,1-; ; hut, exc'ptin this and the fi.TPgo.ng Inftance, the occ i'e-
t'.tlua is an exafl Copy of chc other.
2 24 7&? P*tUamext&y H r § T o R v
A0. az Car. I. e juft Debts may be firft paid and fatisfied; andtfli
t l6*6' M ' that End, that no Committees of Sequeftration, or
DeceinW. ' Sequeftrators, may interrupt juft Proceedings at
' Liw for Recovery of fuch D.bts; and that the
4 Heirs and Eftates of thofe who have died fince
* thefe Wars on the Enemies Part, may be yet
' liable to pay juft Debts, notwithftandingany En-1-
' tails or Deeds in Truft made fince the Beginning
4 of thefe general DiftradHons, which are conceived
' to have been made purpofely to defeat the Credi-
* tors : A ndbecaufe of the long Continuance of theft
' Wars and Divifions, that the Statute may not be
' pleaded to any Book Debt, for not being demanded
* within fix Years fithence the Beginning of this
' Parliament; otherwife there are none in the King-
* dom like to fuffer more then the well-affe&ed,
* and fuch as have adhered to the Parliament.
* Laftly, we humbly conclude with this Petition
4 in Behalf of this City, That as this Court, as
' the Reprefentative Body of the City, hath hither-
' to, by Authority of Parliament, had theNomi-
* nation of the Perfons intruded with their Militia;
' fo now alfo we may, by Ordinance of Parlia-
* ment, be authorized to ele£l and chufe fit Per-
* fons for that Charge once every Year, agreeable
* to the Practice and Cuftom of the City in all
' other chief Offices and Trufts concerning their
* Government.
' And now whatfoever Expreffion or Defires our
* Cares and Fears have led us unto, or whatever
* we or our Fellow Citizens have prefumed to take
* Notice of or touch upon, we humbly, pray, both
' for ourfelves and them, That this Honourable
' Houfe will remit all to our and their great Zeal
« for God's Glory and the Peace of the Kingdom :
' And that it may be remembred that we and they
* are thofe whom you have with y ourfelves engaged
* in one Covenant, to whom God hath given
' Hearts, as well to adventure all for your Service
' and Pfefervation, as to be ever thankful for the
« continual Protection^ and great Deliverances
;• a « they
of ENGLAND. 225
they have received by Gods Blefling through An- ** Car.
your conftant Endeavours, and whofe Hands , * * '
God hath ftrengthcned to fight his and your December.
Battles : We do humbly aflurd this Honourable
Houfe, that we and they have ftill the fame du-
tiful Hearts, and that, inthefmcere Purfuariceof
the folemn League and Covenant, no Intereft
or Influence fhall, with the Blefling of God, be
ever able to withdraw our Obedience, or divert
our Affections, from the Parliament of England.
« We humbly fubmit all to your great Wifdoms,
« and fhall daily pray, &c.'
To the foregoing Petition, as feparately pre-
fented to the Lords and Commons, was annex'd
the following Remonftrance, addrefTed jointly to
both Houfes ; and intituled, An bumble Reprefenta-
lion of the pf 'effing Grievances And important Dejires
of the ivell-affetted Freemen and Covenant-engaged
Citizens of the City of London.
* y^vUT of our Zeal to
« {J
God's Glory, fo ex-
ceedingly profaned ; our Love td God's StcS,
* Truth, fo wofully corrupted ; our compaflionate from the Free-
« Affeaion to our 'Brethren opprefled ; the grie- »™ ™dlac'J:
* vous Calamities that lie upon ourfelves, and arezen "*'* "
* ftill more and more growing upon us ; together
' with the fad Fears which do daily poflefs and af-
c flicl our Hearts, becaufe of divine Vengeance
* and Difpleafure fo imminently impending over
1 our Heads, and evert ready to feize upon Church
4 and State ; we have been forced yet once again, in
c the Difcharge of our Confciences, to take the
c humble Boldnefs to pour forth into your Bofoms
* the Sorrows of our Hearts, and to prefent unto
* your Honours the conceived Caufes of our Mife-
* rics ; trufting that, in your grave Wifdoms, you
1 will both fee into them, and, in your Juftice,
* give Remedy againft them : For who can fee
* Religion, Laws, Liberties, (Things of fo great
* and precious Concernment) not only aflaulted,
« but even overwhelmed ; and the Unity, Peace,
c and Profperirv of the Kingdoms violated and al-
VQL. XV. ' P • moft
The Parliamentary HISTORY
' moft deftroy'd j ahd, by a treacherous and coward -
_ * ly Silence, continue to hold his Peace ? We can-
December, *notj we dare not; the Oath of God with a Curfe
' lies upon us, if we (hall fo bafely yield to a Spirit
c of Indifferency and Neutrality in a Caufe which
1 doth fo much concern God's Glory and the King-
* dom's Good ; and (hall not (efpecially in fuch a
' Time as this) zealoufly and conftantly, in our
* Places and Callings, according to our Power,
' apply our fmcereft Endeavours, notwithftanding
* all Lets and Oppofitions, to promote the fame..
//>/?, ' It cannot but be acknowledged, moft
' worthy Senators, that the Churches of God, in
' Times of Reformation, have ever thought it the
k fitted Seafon of all others, in fome extraordinary
* Manner, to oblige themfelves unto Almighty
* God; as the Divine Goodnefs hath put it into
c your Hearts (according to the laudable Practice^
' upon all Occafions, of the moft Godly and religi-
' ous Governors) to ftrike a folemn Covenant with
* him ; and, by your Authority, to enjoin the fame
* to the Kingdoms, for the Reformation and De^
c fence of Religion, Laws, Liberties ; as an excel-
c lent Means to acquire the favour of God, and
* the uniting and ftrengthening of the three King-
* doms of England, Scotland^ and Ireland^ againft
c the common Enemies of the true Reformed Reli-
* gion, Peace and Profperity of the Kingdoms ; to
' the apparent Manifeftation of your moft Chriftian
c Zeal and Piety to God and to his Truth : Where -
' fore we cannot here but make our fad Complaint
' unto your Honours, in the Expreffion of our
* deepeft Senfe of that great Difhonour which is
* done unto the heavenly Majefty in the moft hor-
* rible Slighting and treacherous Infringement of
* this moft facred Oath, and that bold Contempt
* which is offered at this Day to the Authority of
' this renowneAParliament in this their fo relicious
* Undertaking »!itd Injunction ; on the one Part,
« by thofe that altogether refufe to enter into this
c holy Covenant of God and the Kingdoms ; and,
* on the other Pait, by them which declaim againft
~« it,
of £ N G L A N D. 227
1 it, and caft difgraceful Afperfions upon it j that An. a* Car. I.
4 we cannot look at thefe Perfons (whatfoevef their ^ 6* ' ,
' Pretences be) as any other than either malignant Decembcr.
' Enemies td the Parliament, or the Peace and
' Union of the Kingdoms, and the Reformation
* of Religion ; nor can we promife to ourfelves any
' Security fd long as they are fuffered, undifco-
* vered or unpuniflied, to live amongft us : We
« therefore make it our humble Prayer unto your
* Honours, that you would be pleafed, as in your
* pious Wifdoms you {hall think fit, to find
' out and appoint fuch Ways or Means to difcover
* and bring fo great Mifdoers and Offenders againft
c God and your Authority to condign Punifhment,
* as may be moft agreeable to the Merit of their
* fo crying Offences : And that as you have long
' fmce enjoined, by Ordinance of Parliament, the
* taking of this facred Covenant, (which, notwith-
* {landing, is not yet done in many Places of this
* Kingdom) fo you would countenance a,nd defend
* it inviolable from Neglect, Infringement, Scorn,
* and Defamation ; and, by your civil Sanction,
* effectually impofe it to be fworn by all, without
' Exception, under feme certain Penalty, as beft
* mall feem unto your Honours, to be duly inflict -
' ed, by your religious Juftice, upon the wilful
* Contemners of the fame. And here give us
' Leave, in all Humility, to offer what feems to
' us both juft and necefTary, That fuch Perfons as
' have not taken, or mail not take, the Solemn
•League and Covenant; or, having taken it, are
' manifeftly difaffecled to the Ends therein expref-
* fed, efpecially in point of Religion, may not be
* countenanced, employed in, or advanced to,
* Places of public Truftj as being a Difcredit to
* your Government, dangerous to the Kingdoms,
' and a Hindrance to the Reformation of Reli-
' gion. By fo doing you (hall preferve this great
' Oath of our God from Contempt and Violation;
* a Sin which we humbly conceive is the chiefeft
* Caufe of moft of thofe Miferics and Calamities
' that God's juft Hand hath brought upon us.
P 2 Second- •
S 2 8 The Parliamentary HISTORY
An. 22 Car. I. Secondly, « When you did at firft conclude upon
» l646' , e that facred Covenant, (wherein now you have
December. ' folemnly engaged both yourfelves and us) how
' glad were the Hearts of all the faithful in the
* Land, and what rejoicing was there at the Oath,
* as in the Days of Afa ! We hdped then that our
'Religion (more precious than our Lives, which
* was that the truly Godly had chiefly in their Eye)
* had been fo fecured, that all the Malice, Power,
' and Policy both of Men and Devils fhould never
' have been able to overturn the fame ; but, with
* bleeding Hearts we fpeak it; how is it that, for
* all this, fuch an Inundation of Errors, Schifms,
* Herefie's, is broken in upon us ? which, if not
* fpeedily prevented by your Wifdoms, and op-
* pofed by your impartial Juftice, ive fear will
* have 'ts dreadful Effect, to the total Subveffion of
* the Power of Godlinefs* We are even ftrucfc
* with Aftonifhment, that, after fuch a Covenant,
* there fhould be fuch Blafphemies uttered to God's
' higheft Difhonour ; that fuch heretical Opinior
* fhould be broached, to the never-fo-much vil
* f/ing of the Truth i that fuch Schifms fhould
c acted and fomented, to the renting and dividing
' of the Church ; that the Government eftablifhed
* fhould be fo much defamed and oppofed, to the
* Cont.mptbf the Parliament, in Words, in Books,
' in Prjctice, by the Sectaries of thefe Times, who
* yet feem as Men under Sanctuary, finding no-
* th:nj done Untb them for thehinderihg of thefc
e Mifchiefs, or the Punifhment of thefe Enormi-
* ties. God hath done great things for Us, and!
* hath fhewed us great Salvation as at this Day ;
* then Woe be to us if thefe be our Returns for fo
* great Bleffings. Trufty and right worthy Pa-
' triots, we know not whither to go in thefe our
4 fad Diftempers but unto you, whom God and
* this Kingdom hath betrufted with what is mofE
' precious unto him, and deireft unto us, the Pro-
* te£b'on of Religion, the preferving of it in Doc-
' trine pure, and in Difcipline from Contempt and
fl Scorn j nnd is that for which above all Things elfe.
4 we
1C*
nt,
d's
>ns
ill-'
be
of E N G L A N D. 229
* we befeech your Honours again and again. Here An- *» C«r.
* we would lay the Strefs of our Defires, and ex- > 'f*6' ^
* prefs the Urgency of our AfFe&ions ; we think December"
* we can never fay enough for our God and for his
* Truth. What arc our Eftates, our Liberties,
4 our Lives unto us. if the Ark of God betaken I
4 If that be gone, the Glory, yea the Life, of our
' Lives is departed from England. We tremble to
4 think, if a Remedy be not fuddenly applied, what
4 will be the Iflue of thefe Things : Wherefore
* our humble Defires are renewed to your Honours,
* That you would be pleafed to give Authority to
* fupprefs all fuch from public Preaching as have
c not duly been ordained, whereby their Gifts for
* theMiniftry, and their Soundnefs in the Faith,
4 might be evinced ; as alfo feparate Congregations,
* the very Nurferies of all damnable Herefies :
4 That an Ordinance be made for fome exemplary
* Puniftiment to be inflicted upon Hereticks and
* Schifmaticks ; that your utter Did ike of them
4 and their Proceedings may be manifeft to all the
4 World, which had been made long fmcc to ap-
* pear by a well-fettled Reformation, had not his
* Majefty denied his Confent to the Bill for the
* Aflembly, fo often prefented unto him by both
* Houfes, according to your own Declaration, in
* Anfwer to his Majefty, of the twenty-fccond of
4 October 1642.
4 And that all godly and orthodox Minifters, who
* labour in God's Hufbandry, may have Encou-
4 ragement ; and fome Courfe be thought upon in
' your Wifdoms for their competent Maintenance,
4 the Lord having fo ordained, that they who
' preach the Gofpcl (hould live of the Gofpel : Sp
4 mail Religion flourim, the Wrath of God Ue
4 averted, the Lips of the Juft (hall blefs you, and
4 a gracious Recompence of Reward from God's
' moft bounteous Hand fhall furelyvvait upon you.
Thirdly, 4 And forafmuch as the Welfare anil
4 Safety of this Kingdom doth, next under God,
4 in the Prefervation of true Religion, depend upoji
* the fundamental Conftitutions of the fame, and
P 3 -*thc
230 *The Parliamentary HISTORY
An. ^•L Car. I. c the Maintenance thereof; which fundamental
l6^ t * Conftitutions do rr.oft eminently appear in the
December. ' Calling of that great Council the Parliament,
4 and in electing Members for the fame, wherein
* moft confpicuoufly doth fhine the Liberty and
« Property of the Subject : Here we can do no lefs
« than make it our hearty Prayer unto your Ho-
4 ncurs, that you would be pleafed to give ftricl
4 Orders that Writs for a free Election, without
* Delay, be ifiucd to all Places where ^Cnights and
4 BurgelTes for Parliament are yet to be chofen ;
* and to provide that the People be not prejudiced
* in their free Choice, either by Force, Fear, Let-
4 ters, Promifes, or Solicitations of any ; that the
' Subjects Liberties being defended and preferved,
* they may be encouraged and better enabled to,
' ferve your Honours and the Public.
Fourthly, 'And here we do not omit to hint
*- unto your Honours the exorbitant Practices of
4 many Committees and Committee-Men who
4 have fuch an Influence by means of their Autho-
* rity upon the People, they being at their Wills
* and in their Power to do them a Difpleafure,
4 that they dare not do otherwile than obey their1
* unlawful Commands, without the inevitable Ha-
4 zard of their Peace and Safety; through which
4 Means Tyranny is exercifed by one Fellow Sub-
* ject upon another, and Juftice and Equity can-
4 not enter. The Cries of all Sorts of iPeople
4 throughout the Land ar£ grown fo loud againft
* the People of this Vocation and Profeflion, by
4 reafon of thofe grievous Oppreffions that are con-
4 tinually a£!ed by them, that, in Tendernefs of
* Affection towards our Brethren, not being igno-
4 rant or infenfible of our own Sufferings on this
4 K-rd, and the great Dishonour accruing to the
4 Parliament thereby, we cannot but be earn-
4 eft Suitors to your Mercy and Juftice^ that fuch
4 may be diffolvec).
Fifthly. * The God of your Salvation, through
* the timcous Helpof his willing People, hath now
* expelled your Adverfarics j and brought us fafe
4 "* through
^ENGLAND. 231
« through the Hed Sea of our Fears and Troubles, An. « Car. I.
' to the Borders of that fweet Canaan of our defired . ' 4 ' ,
c Peace ; and what now remains, moft worthy December,
* Patriots, but that, in Thankfulnefs to God for his
* Mercy, and in grateful Acknowledgment of the
* loving AfFe&tonsof his People in their fo chear-
' ful A J ventures in the Caufe of God and the
* Kingdom, the heavy Yokes ihould be loofed
' to which they fo readily did fubmit their Necks ;
* nay, defired you to put upon them for your Secu-
' rity and the Kingdom's Weal : This there-
' fore is our humble Requeft that, the Enemy be*
* ing now fubd.ued, the Armies may be difbanded ;
* that the fo much complained of Oppreffions bjp
1 their Means may be redrefled ; the Taxes for their
* Support may be releafed ; and the Militia of the
* Kingdom fettled : So fhall you make it appear, to
(. the Shame of flanderous Tongues, that this War
' hath not been intended as a Trade, but as a
* Means of regaining our loft Peace ; and that you
' had no other Defign in Profecution of the famlj,
* than the fecuring of our Religion, Laws, and Li-
' bcrties, fo defperately invaded by tyrannical Op-
£ preflbrs ; and fhall endear the Affections of this
* People to you for your future Affiftance, when,
' in a Time of need, their Help fhall be required,
* and they will boccme yours and the Kingdom's
* Servants for ever.
Sixthly, ' And now fince God hath holpen us
6 in our Diftrefs, it will not be an unacceptable
* Service unto him, that we (hould put forth the
* Bowels of our Companions to our diftrefled Bre-
4 thren, as being the moft kindly Fruits of God's
' merciful dealing with ourfelves ; and what an
« Objea is. Ireland for this Purpofe ? Moft Noble
4 Senators, fince God hnth (hewn you his Mercy
*• in fubduing your Enemies here, let us be your
4 earned Petitioners ror gafping dying Ireland, in
' this their great Extremity ; for in Thoughts of
* their Calamities our Bowels are rolled within us ;
' never did their Neceffities call louder to your
« Mercy than now they do.
P Seventh
The Parliamentary HISTORY
Seventhly, ' And certainly one fingular Means
' to procure fo great a Bleffing, muft needs be the
' firm and eftablifhed Union of thefe Kingdoms
* according to our Covenant : In which Refpect
* we canno t but, with forrowful and perplexed
' Hearts, rcfent the hellifh Devices of malignant,
' factious, and feditious Spirits, who make it their
( daily Practice, and furely would rejoice in it as
* their Mafter-piece, if they could once effect to
4 divide thefe Kingdoms of England and Scotlandt
4 fo firmly conjoined by a blefled, and, we hope,
' everlarting Union; Therefore we return again
* unto your Juftice, that, according to our Cove*-
' nant, condign Punimment may be inflicted upon
* fuch Firebrands, the greateft Enemies to Church
* and State \ and that your Honours would readily
* apply all tendered Care in your moft faithful and
* diligent Endeavours for the SVeferyation of thaf
* happy Union by folemn League of thefe two
* Kingdoms, which is fo much the Envy of our
* Enemies, the Strength and Glory of Great Bri-
* tain., and the greateft Security of our Religion,
c Peace, and Profperity.
Eighthly, f And whereas the Hand of the Al-
* mighty hath fo eminently appeared on your Side,
* that your Enemies are fallen under you, and hath
* given the Troublcrs of yours and the Kingdom's
* Peace into your Hands ; we do befeech that,
' according to the feveral Qualities of their Delin-
* quencies, your Juftice may go forth againft them
* with fpecdy Execution. And withall, that now
c you would be fo mindful of your great Engagc-
* ments, in the full and effectual Difcharg'e of the
4 Kingdom's Debts, (who have {hewed themfelvis
' fuch free Contributors, and alfo f.ave been fuch
* extreme Sufferers for your Affiftance in the King-
* dom's Caufe) as to provide that a faithful Im-
4 provemem of the Eftatcs if thefe notorious Ene-
' mies of the Kingdom may be made, by arighf
* Converficn of them unto public Ufe : And that
* thofe Streams of Wealth, which daily arcfloVing
' in by Compofitbns of Delinquents, may, accoid-
of E N G L A N D. 233
f ing to your folemn Promifes, run in the right An- ** 6Car- '•
* Channel; and return back into that Ocean whence, t ' * _'_ ,
' at yourpefire, they did fo freely iffue forth (e}. December.
4 And whereas, in your Wifdoms, your Honours
' have made fo good Provifion that Men of E-
4 itatcs and Fortunes in the World may be repaid
' their Difburfements upon the Loan of fo much
* more, as by your Ordinance for the Sale of Bi-.
* (hops Lands doth more fully appear ; we do in-
* treat that you would pleafe to take into your fur-
* ther Confide ration thofe well-affected Perfons,
1 who have fo freely and fully laid out themfelves,
* as that they have not been able to make that
* Addition required ii) the aforefaid Ordinance}
* but muft now be forced, for the Relief of their
* great Necefiities, to fell, at great Lofs, their very
* Principal lent upon the Public Faith, to their
' great Difcouragementand Difcontent; which we
* fear may prove no fmall Impediment to your
' future AHilrance, if Need thereof be, unlefs Re-
4 medy herein, fhall, by your Honours, be provided.
Ninthly, * And for protections, we need fay
* little, fo much having been faid before in our
f Remonftrance, that we hope your Honours are
* fenfible of the Sufferings of thofe Creditors who
4 have great Sums of Money owing by fome of
* your Members; and of the Injuftice of thofe a-
' mongthem, that have Eftates to fatisfy thcirEn-
* gagcments, yet will not, but ftand upon their
' Privilege; as there needs no other Argument to
* move your Honours to do us Juftice in this Be-
< half. '
Tentblj) <> And becaufe, alfo, we are obliged to
4 endeavour the Prefervation of the Liberties of
4 the
(r) All the latter End of this Year the Commons had fpcnt mary
Days in fettling Compofitiom, and granting Pardons to thofe unhappy
Pcrfons called Delinquent}, the Amount of all which fevcral Sums
fo raifcd, muft have been very great: And againft thofe who had no
vifible Eftates, they pafled a very levere Vote, ' That fuch Delin-
quents fhou Id be difabled from following any Practice in the Law,
Common or Civil j or from holding or exercifing any Office in the
Church or Commonwealth, without the Ccnfent of toth Hcufes pf
Parliament.
.
234
Ao, az Car. I
1646.
Ctcenbcr,
The Parliamentary HISTORY
the Kingdom; therefore, that we may perform
our Engagements, as to God and you, fo like-
wifeto the Subjects of the Kingdom, whofe Suf-
ferings in Matters that concern their Rights are
our own ; we hold ourfelves bound, in all Hu-
mility, to fignify unto your Honours, that, con-
trary to the Rights and Liberties of the Subjects,
on Friday Evening, the fourth of this Month,
there was an illegal Warrant ficncd by Sir Wil-
liam Strickland^ ferved upon three of our Fellow-
Subjects, and Fellow-Citizens, by Name, Pa-
trick Bamford, Nicholas Widmerpcole, Valentine
/>£•*, to be taken into Cuftody, and committed
to a Serjeant of Arms; which Thing was alfo
done contrary to the Order of that Honourable
Houfe, as by fome of the Committee themfelves
was acknowledged. Wherefore we c'o humbly
pray, That the aforefaid Warrant, with the
Manner of its ifluing forth, may be taken into
your ferious Confideration, for the Vindication
of the Honour of the Parliament, which is here-
in fo much concerned, and Maintenance of the
Subjects Liberty ; and to make fuch Reparations
to the Perfons wronged, as may ftand with Ju-
ftice, and in your Wifdoms fhall feem fit.
4 And now, renowned Worthies, we truft that,
in your wonted Goodnefs, you will not entertain
any Mifconceptions of us for that we have en-
deavoured to be a little more pathetick and pref-
iing in our Phrafe cf Speech than heretofore :
But that, in your Wifdoms, you will throughly
weigh our Fears and Sorrows, with our prefling
Burdens, which have even forced us, againft
our Wills, to thefe Expreflions ; and that looking
upon the fmcere Affections of your Petitioners,
you will pleafe to make fo benign an Interpreta-
tion of what we have here represented, in the Ur-
gency of our afflicted Spirits, as not to think we
had the leaft Aim to reflect upon the Honour of
this famous Parliament. But that the Senfe of
our Miferies, in our approaching Dangers, might
ftand more confpicuoufly before your Eyes ; and,
*f ENGLAND. 235
* as by the moft forcible Argument we could think An. =a Car- I
4 upon, effectually to move your Honours, the
4 great Phyficians of our Church and State, to ap-
* Pty y°ur m°ft feafonable and fpeedy Help. The
{ Glory of God, the Safety of our Religion and
* Liberties, and the Kingdom's Welfare, is that
' we level at in this our Undertaking. If through
* your favourable Acceptation of thefe our humble
' Addrefles, we may obtain the Security of thefe,
4 we have pur utmoft Aim; and you (hall be
* called the Repairers of the Breaches; the Re-
1 ftorers of I'aths to dwell in; you fhall raife Mo>
c numents of your eternal Praifgs ; the Churches
f of God {hall call you bleffed; and you (hall for-
c ever engage us not to think our Eftates or Lives
* too dear to ferve your Honours and the Public
' fo long as we have Breath and Being.'
The Lords having read the foregoing Petition
and Reprefentation, ordered the Citizens to be
calPd in again; when the Earl of Manckejler ad-
drefs'd himfelf to them in thefe Words :
Gentlemen^
e "T^HE Lords are fo fully fatisfied with the
4 JL conftant and real Expreflions of the Fide-
« lity and good Affe<Siions of the Lord Mayor, Al-
* dermen, Common Council, and Citizens of the
4 City of London, as they have commanded me to
* give hearty Thanks upon the whole Matter of
' the Petitions prefented by you from the Lord
* Mayor, Aldermen, Common Council, and Ci-
* tizens of the City of London; and to let you
4 know that they will take the Particulars of your
* Petitions into their fpeedy Confideration.'
After which their Lordfhips ordered the Petition For wh;th they
• and Reprefentation, with their Anfwer, to be pub- receive the
lifhed by the City Printer (d}. Thanks of ^
The Speaker of the Houfc of Commons alfo,H
by their Order, gave the Petitioners Thanks for
their
(d) Neither this Petition nor Reprefentation being entered in the
Journals, they arc copied from the Edition printed by Order of the
Houfc of Lord*, by Ricbard C.:c:.
tte Parliamentary HISTORY
• r • their conftant good Affections; and acquainted
them, That haying read their Petition and Repre-
. fentation annexed, they had appointed a very fhort
Day to take them into Confideration. Accord-
(ng!y»
Dec. 22. A Motion being made, That this Pe-
tition from the City, and the Repretentation an-
nex'd, fhould be taken into Confideration, in
courfe as they lie, it was carried in the Affirma-
tive by 156 Voices againft 99: In purfuance of
which we lind that the Commons, afterwards, em-
ploy'd feveral Days upon this Subject; but nothing
was done effectually therein; which was probably
owing to the increafing Intereft of the Independent
Party in that f}oufe.
The Treaty which had been long depending be-
TheTre»tycon- tween the Commillioners of both Nations, about
m»ng the ^e payment of the ftjpulated Sums of Money to
Xwcnerana . or L-\ » •• L-'f-
Time o*" the the Sto/j, fpr thetr Army s evacuating this King-
of the dom ; antl which had gone through great Altera-
1'0118 in both Houfes> was at length fully fettled
and figned by the Engtijh and Scots Commiflioners :
But, previoufly to tr^e Execution thereof, the'Com-
mons had refolved, That after the Payment of the
firfl 100,000 /. tothe&-0fj, their Army (hould not
require or take any Money or Goods whatfoever
from the Country; but pay for all fuch Provifions
93 they {hould receive.
Thefe Articles, which are not printed in any of
the Colleftions of the Times, ftand thus in the
"Journals of both Houfes.
ARTICLES of AGREEMENT between Committees of
Lords and Commons of the Par liament ^/"England
and Commijjloners of the Parliament of Scotland^
authorized thereunto by the Parliaments of eaef)
Kingdom refpeflively.
I. * | " HAT 400,000 /. bepaid to the Kingdom
4 J[ of Scotland^ in Manner hereafter exprefs'd,
* for the Pay of their Army brought into the King-
* dom of Enriandtoi the Afliftance of this Kingdom,
«• and
^ENGLAND.
* and of their Forces that came into the Garrifori
* of Berwick, by virtue of the Treaties between the
' two Kingdoms of the agth of November 1643;
' and for due Recompcnce and full Satisfaction for
4 all the Pains, Hazard, and Charges which they
' have undergone, and for whatfoever other Sums
* of Money or Recompence the Kingdom of Scet-
4 /0»^can claim of the Kingdom of England^ by
4 virtue of the faid Treaties.'
II. « That the 200,000 /. now ready, Part of the
4 faid 400,000 /. fhall be forthwith fent to the City
* of To i 'k, and (hall there forthwith be told by the
f Trcafurers in whofe Cuftody the Money now is, or
* by fuch as they, or any two of them, fhall appoint ;
* and by fuch as fhall be appointed by the King-
e dom of Scotland^ or by Sir Adam Hepburne^ Trea-
4 furer of the Scots Army, or his Deputies, except
4 I2,ooo/. Part thereof, which, at the Dcfirc of
4 the Scots Commiflioners, is referved to be paid
4 here in London, and is accepted for fo much of
' the firft 1 00,000 /. appointed to be paid at North-
4 aUerton-y the which 1 2,000 /. the faid Scots Com-
* mifiioners have Power to receive here in Manner
' as aforefaid, and to difcharge the Kingdom of
* England thereof.
III. * That the firft ioo,coo/. except the Sum
4 of I2,0oo/. before excepted, fhall be told within
« fix Days after the Arrival of the faid Money at
« Tori, and the fecond JCO,OOQ/. within fix Days
* after that.
IV. 4 That the Money, fo told as aforefaid,
* {hall be fealed up in the fcveral Bags, each to
* contain ioo/. by the Seal of both Parties ap-
* pointed as aforefaid to tell the fame ; and (hall
* be forthwith put into Chefts, icoo/. in each
« Chcft, and the faid Chefts alfo fealed up by the
£ aforefaid Perfons appointed to tell the faid 'i\lo-
4 ney.
V. 4 That the faid Perfons appointed by the
4 Kingdom of Scotland to tell the faid Monc-y dial)
l. continue with the fame, to fee, that there iliali be
2 3 8 The Parliamentary H i s T o R r
za Car. I. « no Alteration made thereof after the Telling aftd
l646' f « Sealing the fame as aforefaid.
^Jjber. VI. * That within five Days afterthe 2oo,000/.
* is told at Tort, 100,000 /. thereof (hall be paid
1 at Northallerton to Sir ^&#z Hepburne or his
* Deputies, or to fuch others as by the Kingdom
* of Scotland {hall be appointed to receive the fame,
4 except only the i2,ooo/. referved to be paid in •
* London as aforefaid.
VII. « That the Delivery of 100 Chefts of Mo-
' ney, or of 1000 Bags, fo as aforefaid fealed up,
* to the Perfons mentioned in the foregoing Ar-
* tide, except before excepted, fhall be, and be
* accounted, the Payment of the faid 1 00,000 /.
* and Acquittances are thereupon to be given for
' the fame to the faid Treafurers for their Dif-
* charge, by Sir Adam Hepburne^ or his Deputies,
4 or any other authorized by the Kingdom of Scot-
1 land.
VIII. * That when the faid ieb,coo/. except
* before excepted, is come to Ttycliffe in the
* County of York, and before it pafs any further
* towards Northallerton for the Payment of the
* fame as aforefaid, the Kingdom of Scotland (hall
* there deliver Hoftages; Sir Walter Riddcll^ Knt.
' George Hutne, of Redder burn, Efq ; Sir Patrick
* Mackegie^ Knt. Alexander Strachan, of Thorne-
4 ton, Efq; Sir James Wood,, Knt. Sir "James Lumf-
* den, younger, Knt. Sir Arthur Forbes^ Knt.
* Thomas Craig , of Rickarton^ Eiq; Sir William
« .for, Knt. Robert Douglas, of Tilly -Whilley^ Efq;
< Col. John Welden; John LeJIty, of PitcapJe, Efq;
c or any fix of them, for Allurance that the Scots
' fhall quit all their Quarters, Pafles, and Garri-
* fons on the South Side Tyne ; and fhall deliver up
* to fuch Forces as both Houfes of the Parliament
* of England, or fuch as fhall be by them autho-
* rized, fhall appoint, all the aforefaid Places, to-
* gether with all the Ordinance, Arms, and Am-
* munition belonging to the Kingdom of England,
' within ten Days titter the firft ico,ooc/. fhall be
* paid
tf ENGLAND. 239
k paid as aforefcid ; and tor Aflurance that they fhall An- H£*'
x deliver up the Town of Newcaftlc, with the High i ---^. - J
' Caftle in the fame; the Caftle otTinmoutb^ with December.
4 all the Works belonging thereunto; the Spani/h
« Works, the Shields-Field Fort, and all other
* Forts and Works on the North Side Tyne, together
* withall Ordinance, Arms, and Ammunition there -
* in, belonging to the Kinedom of England, unto
* fuch Forces or Perfons as mall be appointed by
4 both Houfes of the Parliament of England, or by
* any by them thereunto authorized, to receive the
* fame, when and at fuch Time as Notice is given
' that the fecond 100,000 /. is come to the North
* of the River of Tees, as is hereafter exprefied in
* the tenth Article.
IX. ' That within one Day after the Perform-
* ance of all the Particulars mentioned in the
* faid former Article, the faid Hoftages of the
* Kingdom of Scotland {hall be again re-delivered
* unto them, within half a Mile of the Works on
4 the North Side ofNewcaflU.
X. ' That after the Garrifons of Hartbpeol,
c Stockton, Durham, and all other Garrifons, Quar-
1 ters, and Pafles on the South Side of Tyne,-- arc
* quitted by the Scots Army and Forces; and, af-
* ter that all the faid Army and Forces are remo-
' ved to the North Side of Tyne> which is to be
* done in ten Days after the Payment of the firft
* IOO,OOO/. as aforefaid, thr.t then the other
* 1 00,000 /. fhall be brought to the North Side of
' the River Tees.
XL * That the fecond ioo,ooo/. being come
* to the North Side of the faid River of 7t'«, upon
1 Notice thereof given to the General or Com-
' mander in Chief of the Scots Army, in Writing,
' from him that commands the Convoy, they {hall
* deliver up the Town of Ncwcajllc^ with the High
4 Caftle in the fame ; the Caftle of Tinmauib, with
c all the Works belonging thereunto; the Spani/h
4 Works, the S/ju'tis-Fielf Forty and all other Forxs
c and Work? on the North Side Tym, ether than
4 is
An. iz Car. I
1646.
The Parliamentary H I S T o £ Y
is provided for in the i5th Article, together witji
all Ordinance, Arms, and Ammunition therein,
belonging to the Kingdom of England, unto fuch
Forces or Perfons as fhall be appointed by both
Houfes of the Parliament of England, or by any
by them thereunto authorized to receive the fame.
XII. ' That for the more fpeedy Delivery and
Receiving the faid Towns of Neivcaftle and Caftle
of Tinmouth,, tne faid Forces that are to be put
into thofe Garrifons, are to march before the (aid
Money and. Convoy.
XIII. * That when the Sots Army and Forces
are marching out of, and the Englijh Forces are
entering into, Newca/lli and Tinmouth Caftle;
and that there be 500 of the Garrifon appointed
by both Houfes of Parliament entered into Ncw-
cajlle, and not above 500 of the Scots Forces re-
maining therein ; that then Sir IVilliam Seiby, of
n the County of Northumberland, Knt.
Ralph Delaval, of Scaton Delaval in the County
oi Northumberland, Efq; Sir Edward Loftus, of
Middleham in the County of Tork^ Vifcount Ely
[tn the Kingdom of Ireland] ; Sir ThomaS Trollopp,
in the County of Lincoln, Bart. Henry Mildmay,
of Graces in the County of EJ/cx, Efq. Sir Rich*
ard Eric, of Stragtethorpe in the County of Lin-
coln, Bart. Sir Ralph Hare, of the County of Nor-
folk, Bart, and Sir Lionel T'olmacbe, of the County
of Suffolk, Bart, or any fix of them, {hall be given
Hoftages by the Kingdom of England to the
Kingdom of Scotland, for Aflurance that the latter
i oo,0bo /. of the 2OO,oco/. (hall be paid unto the
Kingdom of Scotland, on the North Side of the
Works of Neivcu/ile, within a Mile of the faid
Works, within fix Days after the Delivery of
Tinmvuth Caftle, and Places aferefaiJ,
in Manner aforefaid, to fuch Perfons, and in fuch
Manner, as is expreffed in the fixth and feventh
Articles for the Payment of the firft ioo,occ/.
And Acquittances are thereupon to be given, as
in the faid feventh Article is exprcfled.
XIV. * That
rf ENGLAND. $41
XIV. 4 That upon the Delivery of the faid latter. An- « c">1'
* 1 00,000 /. of the 200,000 A the Hoftages of the ... ,?6*..'. ,
* Kingdom of England are forthwith to be re-deli-
1 vered.
XV. « That upon the Coming of the latter
' 1 00,060 /. oat of Newca/tle, Hoftages, as in the;
* eighth Article^ (hall be delivered to the Kingdom
* of England^ by the Kingdom of Scotland, for Af-
4 furance that all the Scots Armies and Forces fiiall
4 march out of the Kingdom of England within teii
* Days after the Payment of the latter ico,ooo/.
* That they will permit and fuffer that the Fortifica-
4 tions of Berwick 2nd Carlijle may be flighted, ac-
* cording to the Large Treaty and Treaty for Ber-
4 wick, which (hall accordingly be flighted within
* tea Days after Payment of thelaft 1 00,000 /. And
« that the faid Towns be quitted ; and all Ord-
* nance, Arms and Ammunition therein, belonging
4 to the Kingdom of England be, within the faid ten
* Days, delivered unto fuch Perfons as (hall beap-
* pointed by both Houfesof the Parliament of En-
4 gland, or fuch as (hall be by them, or any autho*
1 rized by them for that Purpofe, appointed td re-
* ceive the fame ; who alfo are appointed to caufe
« and fee Berwick and Carlijle flighted in Manner as
* aforefaid ; and are hereby authorized to call irt
* the Aid of the Country for the doing thereof as
* they (hall fee Caufe ; and likewife the Parliament
* of Scotland, or any by them authorized, are to
' appoint fuch Perfons as they (hall think fit to fee
* this performed.
XVI. « That within four Days' after the Scoti
* Army and Forces (hall be marched out of the
* Kingdom of England, and the faid Garrifons of
1 Berwick and Carlijle quitted as aforefaid, the Ho-
* ftages of the Kingdom of Scotland (hall be re-ddi-
* vered unto them.
XVIL * That the Public Faith of the Kingdom
* of England is hereby given for the Payment of
* the latter 200,000 /. as is hereafter cxprefled ;
4 That for the better Satisfaction and Security cf
4 feme private Perfons of the Kingdom of Scotland,
VOL. XV. Q, ' wfc?
242 The Parliamentary HISTORY
*'*6 s"' T £ wk°nave ^vanced great Sums of Money, Prc-
._ ' .* ' ' vifions and other NecefTaries during thefe Trou-
feeci»btr. ' bles, the Sum of 50,000 /. fhall be paid to the faid
c Perfons, whofe Names are exprefTed in an Ordi-
« nance of both Houfes for that Efteft, at twelve
« Months after the Payment of the laft 1 00,000 /.
* of the firft 200,000 /. out of the Receipts offuch
* Monies as fhall come in and be received by Fines
* and Compofitions made, and to be made, with
* Papifts and Delinquents, or by Sale of Papifts
* and Delinquents Eftates, according to the faid
' Ordinance for that Erred : And that other
' 5o,ooo/. fhall alfo be paid at the faid twelve
* Months after the Payment of the laft ioc,OOO /.
' of the firft 200,000 /. That the laft ioc,ooo /. of
* the 400,000 /. (hall be paid within twelve Months
* after that, viz. two Years after the Payment of
4 the laft ioc,ooo/. of the firft 200,000 /. and that
* out of fuch Ways and Means as both Houfes of
1 Parliament fhall think fit.'
Signed at Derby-Houfe in Weftminfter, the 2^d
Day of December 1646.
NORTHUMBERLAND, LOUDON,
WARWICK, LAUDERDALE,
MANCHESTER, CHARLES ERSKINF,
WILLIAM WALLER, HUGH KENNEDY,
W. PIEREPOINT, ROBERT BARCLAY.
GILBERT GERRARD,
W. ARMYNE,
ARTHUR HESILRIG,
OLIVER CROMWELL,
PH. STAPYLTON,
Ro. WALLOPP,
JOHN CREW,
OL. ST. JOHN.
The Reader may obferve that there is not one
Word about delivering up the Perfon of the King
in all the foregoing Articles: But we find that,
on the very fame Day they were finally concluded,
the Lords went into a Debate on the following
Queftions :
i ' Whether
of E N G L A N D. 243
I « Whether there (hall be a Committee ap- An- « £«. *'
pointed to confider of fome Declaration to be t * ' -«
offered to the Houfe, concerning the King's Co- Dccemlxr.
ming to one of his Houfes ?
2. ' Whether they (hould perufe a former Vote
made on the 2ift of October laft (£j ?' They were
both carried in the Affirmative, and a Commit-
tee of feven Lords were ordered accordingly.
•The fame Day alfo the faid Committee drew
up the following Refolution, which, after reading,
was agreed to \
' That the King, being now in England, it is The Lords re-
refolved by the Lords in Parliament aflembled, folve that th*
That he may come to Newmarket, there to re- Kine ""? 5°"™
..VIA ii- , to Newmarket,
main with fuch Attendants about him as both
Houfes of Parliament {hall appoint ; with refpeft
had to the Safety and Prefervation of his Perfon in
the Prefervation and Defence of the true Religion
and Liberties of the Kingdom : And then the two
Kingdoms are mutually to confider and determine
what is neceflary to the common Peace , referving
to each their Rights of Exercife of their refpe&ive
Interefts in providing for their refpective Securities.*
Mr. Ru/hwortb writes, ' That the Parliament
of Scotland had for fome Time been fitting, and Refolutions of
being, on the i6th of December, turned into a m
Grand Committee, to confider touching the Dif- of him;
pofal of his Majefty's Perfon, ii was refolved, That
prefent Inftruclions fhould be fent to their Com-
miflioners to prefs his Majefty's coming to London
with Honour, Safety, and Freedom ; and that they
Thould declare their Refolutions to maintain Mo-
narchical Government in his Majefty's Perfon and
Pofterity, and his juft Title to the Crown of Eng-
land.'— He adds, ' That thefe Refolutions gave
the King's Friends there great Hopes, but the next
Day all was darned again ; for then the following
Warning was prefented to the Parliament from the
Commiflion of the Kirk.'
a* A
(!>} S<ec this Vote on the Day mentioned, p. j$z.
244- *&€ Parliamentary HISTORY
•Aa. aa Car. I. A SOLEMN and SEASONABLE WARNING to all
t l646'. J Eftates and Degrees of Perfom throughout the
December. Land, by the ComnxJJtoncrs of the General AJJembly,
Edinburgh, Dec. 17, 1646.
* HP HE Conference of our Duty, and of the
Sk^STthe * Sreat Tru{* reP°fed ift us> faffertth US not
General Aflem- ' to be filent, nor to connive at the prefent Dangers
kly iffuing out a « . hich may juftly be apprehended and expected
warring to that « from ^ Enemies of this Caufe and Covenant;
* who although they cannot, in this Conjunclurecf
' Time, appear in the fame ManneY as formerly
* they have done, yet having detained the fame
' Principles, (while they* feem to lay afide their
* former Practices) do in a more covert and dan-
' gerous Way ftill drive at their own Ends : And!
* as Satan is neither fleeping nor idle, though he
' appear not always as a roaring Lion ; fo fhefe
4 who are infpired and acted by him, have their
* Wheels flill moving, tho* fome Times they make-
* no great Noife. Wherefore, that we may truly
* and faithfully contribute what is incumbent on
* us, for preventing or removing any Occafions of
' new Troubles or Differences between the King
* and his People, in both or either of thefe united
* Kingdoms, or between the Kingdoms themfelves^
* and left the Church of Chrift, and the true Re-
* formed Religion be again tofled with another,
c and perhaps a greater, Tempeft in the Depth, af-
* tcr we feemed to be near the Harbour, we have
4 found it not only competent to our Place and
1 Calling, but neceflary for us (according to for-
* mer laudable Precedents both old and Tate) to
* emit this new feafonable Warning to the People
* of God in this Land, and to all Eftates and De-
4 grees of Men therein ; whom we exhort, That
* fifil, and above all Things, they apply their
6 Thoughts to make Peace with God ; to take No-
* tice of the remaining and renewed Tokens of
* Divine Difpleafuie againft the Land; to tremble
* at the Remembrance of former, and Appearances
* of future Judgments j to lament after tie Lord ;
'to
of E N G L A N D. 245-
* to lie low before the Throne of Grace; to cry An- a* c" 1
* mightily to Heaven for difpdling that Cloud of
* Sin which feparateth between our God and us ;
' and for turning away that Cloud of Wrat'i which
4 hangeth over our Heads. There is Caufe to be
* humbled and to repent, as for all our Iniquities,
' fo for the too little Affiftance which hath been.
' given to fuch as have borne the heavieft Burden,
* and fuffered moft in this Caufe j and for the too
* much Compliance with, and Indulgence to many
* who have been active in, the late execrable Re-
* bellion. We know that none can reach the
' Perfection of their Duty, neither will the Lord
* reckon with his People according to his Juftice,
* but fpare them who walk in the Integrity of
* their Spirits, as a Man fpareth his own Son j fo
* that they may rejoice in his Mercy, notwith-
4 ftandingof their Short Comings, wherein they do
* not allow themfelves; but wilful Neglects arc
* juft Grounds of a great Controverfy on the Lord's
' Part, and of deep Humiliation on ours : And we
' conceive the Failings of many are fuch, becaufe
' the Word of the Lord is a Burden unto them ;
4 and though they walk in the Ways of their own.
4 Heart, yet they fay they (hall have Peace. We
' would have none that are thus guilty to count
' light of it, and fay, Is it not a little one ? Every
* Duty whereto we are obliged in the Covenant,
' is of great Confequence, and Breaches even in
* fmaller Things prove Inlets unto more grievous
* Re vol tings.
4 When we confider how many, who were once
4 open Oppofers or fecret Underminers, being re-
' ccived to the Covenant, yet remain difaffedted
* to the Ends of the fame, we cannot but think
* we wall; in the Midft of Snares, and that Myfte-
* ries of Iniquity work amongft us, which may
* produce moft fad and lamentable Effects, unto
* the Prejudice of our Religion and Liberties.
* Therefore, becaufe God hath no greater Qaar-
* rel againft a Nation than that of a broken Cove-
* nant i Jet all who fear an Oath remember the
Q.3 « Vows
246 "The Parliamentary HISTORY
An' 16 6*' * ' ^ows °f God which are upon them, watch and
, ' 4 ' , • pray, and take good heed that they be not cheat-
December. ' ed nor charmed into a Violation of all, or any,
' of the Articles of that Sacred and Solemn League
* and Covenant : And let thofe efpecially be obfer-
c ved and avoiced, who do, or (hall, endeavour a
' Diviiion and Breach between the Kingdoms, or
' the making of any Fractions or Parties, contrary
' to the Covenant, under pretence of preferving
' the King and his Authority whilft they do not
6 conftantly and fincerely profecute and prefs our
* frequent Defires of his fubfcribing the League
'•and Covenant, and giving Satisfaction in all
4 Things to the juft Defires of both Kingdoms ;
' which underhand Dealing can prove nothing elfe
c but an abufing of his Majefty for Men's own
' Defigns. We wifli that none fuffer themfelves
* to be deceived by any falfe Gloffes of the Cove-
* nant, under which fome may poflibly urge the
* keeping of it, fo as to draw us into a certain
' Breach thereof; and prefs the Defence of the
c King's Authority and of Religion, to engage us ia
4 thofe Ways that would tend to. the Ruin of both.
«• We are not now to prefs the Want of full Satis-
* faction in the much-defired Work of Uniformity,
' as' the Ground of a Breach between the two
' Nations ; though we (till conceive this Nation,
' will never be wanting to profecute that Work to
* the utmoft of their Power in all lawful Ways,
e according to the League and Covenant.
' Thefe Kingdoms, after many fervent Suppli-
* cations and faithful Endeavours of all the Lovers
* of Truth and Peace, have been happily united
* in a League and Covenant, which to this Day
' hath been kept inviolably, notwithflanding of all
' the Oppofition of open Enemies, and plotting
' of 'fecretUnderminers; and we are confident that
c none but-fuch as have Hearts full of Atheifm and
* Treachery, will attempt the Violation thereof,
* in -H'hol'c or in part; and that if any (hall do the
« fame, they fhall expofe themfelves rb the Curfeof
' Almighty God, who will be avenged upon all
' that
ef E N G L A N D. 247
r that fwear falfly by his Name. We know that An. ai Car. I.
6 Men of perverfe Minds, wanting the Fear of lf)^' M
' God, and meafuring all Things by their own December
' Ends, may conceive of it as alterable, or at leaft
* that all the Claufes and Heads thereof are not fo
' to be ftuck upon but that fome one or more may
* be difpenfed with upon Civil Advantages : But
' we have not fo learned Chrijl or bis Word : Both
' Nations have covenanted with God, and each of
' them with another, in Things moft lawful and
* necefTary for the Preservation and Good of both,
' without any Limitation of Time \ and therefore
' we andour rofterity are obliged, before God, un-
* to the Obfervation thereof as long as the Sun and
* Moon fhall endure. The Senfe of thefe Things
' ought to be fo deeply engraven upon the Hearts
* of all that are in Truft, that as they fhould, from
' their Souls, abhor every Thought of a Breach,
* with England; fo fhould they carefully and
' wifely ftudy to avoid every Thing that may prove
' a Snare and Temptation unto the fame. Amongft
' other Things, if his Majefty fhall have Thoughts
* of coming to this Kingdom at this Time, he not
* having as yet fubfcribed the League and Cove-
* nant, nor fatisfied the lawful Defires of his loyal
'Subjects in both Nations, we have juft Caufe to
' fear that the Confequences of it may be very
' dangerous, both to his Majefty and thefc King-
« doms j which therefore we defire may be timely
' prevented.
' For fo long as his Majefty doth not approve in
* his Heart, and feal with his Hand, the League
* and Covenant, we cannot but apprehend that, ac-
* cordina: to his former Principles, he will walk in
* Oppofition to the fame, and ftudy to draw us into
4 the Violation thereof, and the Diflblution of the
4 Union fo happily begun between us and our Bre-
' thren ; to weaken the Confidence and Truft,
' and to entertain Jealoufics, and make Divifions
* amongft ourfelves : Neither is it poflible but that
' our receiving him in this prefent Pofture of Af-
'fairs
24$
ft Parliamentary HISTORY
** Car. It « fairs, will confirm the Sufpicions of the Englljh
' Nations of our underhand Dealing with him be-
* ^ore ^is Coming to our Army ; and make them,
* not without Caufe, to think that we purpofe to
* difpofe of him without their Confent, and to
* their Prejudice; which is contrary to the Profef-
* fion of thofe that were in Truftafhis Majefty's
* firft Coming to the Scots Quarters, and over-
< throweth all the Arguments that have been ufed
e by the Commiflioners of our Parliament, in their
' Papers concerning the difpofmg of his Majefty's
' Perfon by the joint Advice and common Confent
* of both Kingdoms, given in to both Houfes of
* Parliament in England : Nor do we fee how we
* can vindicate fuch a Pra&ice from a direct Breach
' of our Engagements to them by Covenant and
* Treaty ; which were not only to expofe us unto
' the -Hazard of a bloody War, but to involve us
1 in the Guilt of Perjury. And what greater Dif-
* fervice could be done to his Majefty and his Po-
' fterity, than to give way to a Courfethat mia;ht
* prove prejudicial to their Jntereft in the Crown
* and Kingdom of England?
' Our Carriage now for many Years paft, in
c the Midftof many Temptations, hath put us ber
' yond all Sufpicion in the Point of our Loyalty;
« nor have we the leaft Thoughts of deferring the
* King's Majefty in a juft and good Caufe, being
* bound by our Covenant, in our feveral Vocations,
' to endeavour, with our Eftates and Lives, to pre-
* ferve and defend his Majefty's Perfon and Au-
' thority, in the Defence and Prefervation of the,
* true Religion and Liberties of the Kingdoms :
' And fo far as his Majefty {hall be for thefe, we
* really are, and we truft the reft of his Kingdoms
* -will be, for him j yet we cannot i|eny, butopen-
' ly avouch it, that if his Majefty (which the Lord
* forbid) (hall not fatisfy the juft Defires of his
' People, both Nations fland mutually obliged,
* by that inviolable Covenant, to purfue the End*
* therein exprefled ( which cannot be divided) againft
* all
of E N G L A N D. 249
* all Lets and Impediments whatfoever. It isAn' "z £*•"•*•
* therefore our molt earncft and longin^ Delia-, f
« That as tliofe who are in Truft with th=e public Deumoer.'
( Affairs of this Kingdom hav. heretofore, with
< all Earneftnefs and Care, in all their Addreftes
* dealt with his Majefty with much Strength of
. Reafon and Vehemency of Afrixthn fo°they
< will ftilldeal with him, to grant his Royal Con-
« fent to the Ddires of both Kingdoms, for Set-
« tling Religion according to the Covenant, and
* for fecuring a perfect and durable Peace} (which
< we look upon as the only hopeful Means of pre.
< ferving himfelf, his Crown., and Pofterity) that
« his Majefty may return to his Houfcs of Parlia-
f ment in England, as a reconciled Prince to fatif-
< fied Subjects; and that Acclamations of Joy
* may be heard in all his Majefty *s Dominions,
* and no Sound of War heard therein any more
« except againft the bloody Irljh Rebels, under
« whole barbarous and cruel Perfecution our di-
« ftrefled Brethren, both in this Kingdom and in
« Ireland, are ftill groaning and crying out to us,
"* and to our Brethren in England, Be at Peace
' among yourfelves, and come to help us.'
This Thunder of the Scots Vatican ftruck fuch
a Terror into their Parliament, that they refol- foive to fec'ure
ved, The King {hould be defired to grant the the KinEdoIB
whole Proportions ; and, in cafe of Refufal, the Kiag, '
Certifications given to his Majefty {hould be put fi6nt'
into Execution, viz. To fecure the Kingdom nint>
without him ; To declare that the Kingdom of
Scotland cannot lawfully engage themielves for his
Majefty, he not taking the Covenant, fatisfying
as to Religion, &c. And that they would not ad-
mit him to come into Scotland, unlefs he gave a
fatisfa&ory Anfv/er to the whole Propofitions lately
prefented to him in the Name of both Kingdoms.
The Earl of Lanerk, then lately appointed $CT
crctary of State for Scotland, immediately gave the
250 The Parliamentary H is T o R v
An. ^^ Car. I. King Notice of thefe Tranfactions : In Confe-
i6&6' J quence whereof,
.•V. D*f. 24. The Speaker of the Houfe of Lords
acquainted them, That laft Night a Letter was
delivered to him which came from the King at
Newcajlle j the Tenor of which was as follows :
To the SPEAKER of the Houje of Peers pro Tern-
pore, to be communicated to the two Houfes of
Parliament at Weftminfter, and to the Commif-
fioncrs of the Parliament of Scotland
CHARLES*. Newcaftle., Dec. 20, 1646.
f$ Majejly's Thoughts being always fencer ely
^ to the pcace ^ ],h y^ngdoms, be was and
•will be ever dejiraus to take all Ways which might
the mojl clearly make appear the Candor of his In-
tentions to his People. A>:d to this End, could find
no better IVay than to propofe a Personal free Debate
•with his two Houfes of Parliament upon all the pre-
fent Differences: Yet finding, very much again/I
his Expectations, that this Offer was laid aftde, hh
Majejly bent all his Thoughts to make hh Intention*
fully known by a particular Anfwer to the Propoji-
tions delivered to him in the Name of both Kingdoms f
the i^tb of Ju!y lajl. But the more he endeavoured
ity he more plainly faw that any Answer he could
make would be fubjecl to Mifin formations and Mif-
conji ruff ions ; which, upon his own Parapbrajes and
Explanations, he is mo/? confident will give fo good
Satisfaction as would daubtlefs caufe a happy and
lafting Peace. Left, therefore, that good Intentions
may produce ill Effe£ts, his Majejly again propo-
fcth, and dcjires again, to come to London, or any of
his Houfes thereabouts, up n the Public Faith, and
Security of his two Houfes of Parliament and the
Scots Cornmiffioners, that be Jball be there with
Honour, Freedom, and Safety, where, by his per-
enul Prefencf, be may not only raife a mutual Con-
fidence bet wixi klm and his People ; ,bvt alfo have
theft
of E N G L A N D, 251
tbofe Doubts cleared: and tbofe Difficulties explained An. « Car. f
to him, without which he cannot (but with the afore- .. _' _^' j
yjj/W mifchievous Inconveniences) give a particular December.
Answer to the Propositions ; and with which he
doubts not but fo to manifejl his real Intentions for
the fettling of Religion, the jujl Privilege, of Par-
liament, with the Freedom and Property of the Sub-
jeff, that it /hall not be in the Power of wicked
and malicious Men to binder the ejlablifhing of that
firm Peace which all honejl Men defer e. Ajjuring
them, that as he will make no other Demands but fucb
as he believes confidently to be jujl, and much conducing
to the Tranquillity of the People: So he will be
moft willing to condefcend to them in whatfoever
Jhall be really for their Good and Happinefs. Not-
doubting likewife but you will alfo have a due Re-
gard to maintain the jujl Power of the Crown,
according to your many Proteftations and Profejjions.
For certainly, except King and People have reci-
procal Care each of other, neither can be happy.
To conclude; it is your King who deferes to be
heard, (the which, if refujed to a Subjeft by a
King, he would be thought a Tyrant for it) and
f.r that End which all Men profejs to defer e ; where-
fore his Majejly conjures you, as you defer e tojhew
yourselves really what you profefs, even as you are
good Chrijlians and Subjects, that you will accept
this his Offer, which he is confident God will fo
biffs, that it will be the readiejl Means by which
thefe Kingdoms may again become a Comfort to their
Friends, and a Terror to their Enemies.
All the Notice that the Lords took of this Letter
from the King, at this Time, was, That it {hould
be communicated to the Commons by a MefTage.
Dec. 25. Both the Houfes were alarmed with a A Rum(mr Of
Plot to fteal away the Duke of York from St. the King and the
James's; and feveral Witneffes, as well as the Duke _of York'*
Duke himfelf, were examined about it. And it mS?their>£-
was this Day ordered, That a Letter be written fcape.
to the Scots Army, to acquaint them with this
De-
December.
'Parliamentary HISTORY
An. *a Car. I. Defi^n of conveying hence the Duke of York in-
i ' *__'___» to France: And likewife to let them know of a
Rumour fpread abroad, that there is an Intent of
the Kind's efcaping into France, and to defire them
to take Care to prevent any fuch Attempt. They
alfo ordered, That the Scats Commifiioners then
upon their Return to Scotland, {hould be acquaint-
ed with thefe Apprehenfions ; and be defired to
write down to their Committee and General at
Newcajile, to take all poffible Care to prevent the
lame.
The faid Commiffioners were now making Pre-
parations for their Departure homewards, after
receiving I2,coc/. out of the Money ftipulatesf
for Scotland, figning the late Treaty, and all the
neceflary Receipts for the whole Sum ; the Form
of which are preferved in both the Journals, but
are unneceflary here.
Before the Departure of thefe Commiffioners,
they had, it feems, a Meeting with the Engli/h
Committee for Religion, with whom they left
the following pious Exhortation, read this Day,
December 26, in the Houfe of Lords j of which
fince it is no where elfe printed, and is not
a little fingular, we fubjoin this Copy from the
Journals.
Dec. 25, 1646.
AS the other Reformed Churches have been
much comforted with the hopeful Begin-
ning, and fome happy Progrefs, of a glorious Re-
formation of Religion in this Kingdom, fo efpe-
cially the Church of Scotland ( which is fo nearly-
concerned, and muft netds partake more than
other Churches of the Good and Evil which (hall
here take Root) hath greatly rejoiced and given
Thanks to God for fo great a Mercy : Neverthe-
lefs they are mindful of the Vows of God which
are upon all the three Kingdoms, and all Sorts
and Degrees of Perfons therein, according to
their feveral Places and Callings, to endeavour
fuch a Reformation in the Kingdoms of England
* and Ireland, in Dofhrine,, Worlhip, Discipline,
4 and
A Manorial pre-
fer, tc. to the
Jx>r s, by the
•Scots Conunif-
fionro on their
Rct'.ra Home.
^ENGLAND. 253
« and Government, as is according to the Word A* « Car-
' of God, and the Example of the beft Reformed ^
' Churches, and the neareft Uniformity in all thefe December.
* between the Churches of God in the three King-
* doms, together with the Extirpation of Herefy
* and Schifin, (left, partaking of other Men's Sins,
' they be endangered to receive of their Plagues)
* which they did not oblige themfelves to endea-
6 vour for a Time only, but conftantly, till at-
' tained ; wherefore, in Purfuance of the Ends in
* the Covenant, and in the Difcharge of that Truft
< which is committed to us, as likewife that fomc
' of our Number, who are now to return into Scot-
* land, may be able to give a farther Account to
' the Parliament of that Kingdom, and to the Com-
' miflioners of the General Aflcmbly at Edinburgh
* (both being now aflembled) we have taken this
* Occafion (without the leaft prcfuming to pre-
' fcribe any Ways, or to impofe any Conditions)
' to renew our mod earneft Defires to the Ho-
* nourable Houfes of Parliament, and to the Re-
* verend Afiembly of Divines on their Part, that
* all poflibleCare be taken, and greater Diligence
* ufed to expedite the begun Reformation and
* Unity : to fupply and make up thofe Parts that
* are yet wanting, and to put on and make effec-
' tual what is already agreed upon ; more particu-
* larly we do dcfire that fome effectual Courfe may
* be provided by an Ordinance of Parliament, for
* the taking of the Solemn League and Covenant,
c in all Places of this Kingdom, and fome confi-
* derable Penalty or Punifhment, fuch as the Ho-
* nourable Houfes in their Wifdom fhall think fit,
' may be appointed for fuch as refufe to take it,
* much more for fuch as reproach it, or fpcak or
' write againft it ; and that, by Authority of both
« Houfes of the Parliament of England, the Co-
* vcnant, Confeflion of Faith, Directory of Wor-
' fhip, Form of Church-Government, and Cate-
* chizing, maybe fettled in Ireland as well as in
* England, according to the firft Article of the So-
* lemn League and Covenant.
• We
'The Parliamentary HISTORY
e We alfo define that the Catechifm, now be-
fore the Aflembly of Divines, may be perfected
fo foon as is poflible ; that the Confeffion of Faith
may be eftablifhed by Authority of Parliament,
and immediately thereafter fent into Scotland^ as
the Dire&ory of Worfhip was to be agreed unto
by that Church and Kingdom, it being the chief-
eft Part of that Uniformity in Religion, which
both Kingdoms ftand bound by Covenant to en-
deavour ; that Courfe may be taken for the bet-
ter obfervirig of the Directory of Worfhip, which
is in many Places of this Kingdom, either
wholly, or in divers material Points, neglected.
' And becaufe the finging of Pfalms in Churches
is a Part of the Public Worfhip of God, we de-
fire that the Paraphrafe of the Pfalms in Metre,
as it is now examined, corrected, and approved
by the Aflembly of Divines here, and by the
Commiffioners of the General Aflembly, may
be likewife authorized and eftablifhed by Ordi-
nance of Parliament.
' We further defire, that fpecial Care and
fpeedy Courfe may IDC taken for the chuling
of Ruling Elders, and the erecting of ClafTical
Prefbyteries and Congregational Elderfhips,
throughout the whole Kingdom, thefe Things
not being yet done, except in fome Places ; and
that the Cenfures of Excommunication, and fome
other Things belonging to the Meeting, Confti-
tution, and Power of Synods, National and Pro-
vincial, and of the fubordinate Ecclefiaftical Af-
femblies, contained in the Advice of the Reverend
and Learned Aflembly of Divines to both Houfes
of Parliament, and in our Remonftrance, dated
March the 26th, 1646, delivered alfo to both
Houfes, (which Things are not yet fettled by
Ordinance of Parliament) may be taken into
Confideration by the Honourable Houfes, and
their Refolution known thereupon; and that in
the mean while, as well before as after the full
Settlement of Church-Government, the Civil
Power may, (according to the Word of God,
2 * and
c/ E N G L A N D. 355
8 and the Example of godly Magiftrates both of An. 21 Car. !•
' old and of late) proceed to the fuppreffing of , ] ' f
* fcandalous Doctrines or Practices, which are de- December.
* ftructivc to the Chriftian Faith, and the Power
* of Godlinefs, for the Peace of the Chiirch; there
* being nothing more pernicious, both to Church
* and State, than the leaving of all Men to an Au-
c tonomy in Religion ; for although it be far from
* our Thought to be fo rigid as to defire, or, by
* Intention, Council, or Suggeftion, to be accef-
' fary to, the troubling of pious and peaceable Men^
' who, through Scruple of Confcience, cannot iri
* all Things come up to the Rule ofChurch-Go-
* vernment ; and as it never was, fo it is not our
c Purpoie to make any Impediment to the forbear-
' ing of fuch, fo far as may agree with the Word
6 of God, ftand with the public Peace, and not
' be deftructive to the Order and Government of
' the Church; yet we cannot chufe but difcharge
« our Confciences in refpect to the extreme Necef-
« fity that fome fpeedy and effectual Remedy may
6 be provided againft the feparating and withdraw-
* ing from, or gathering Churches out of, the true
* Reformed Churches of this Nation, as if Mem-
* berfhip therein were unlawful ; as likewife againft
* the Preaching of fuch as have neither received
« Ordination, nor have been offered unto any or-
< derly Trial, and approved as Candidates or Pro-
« bationers for the Miniftry; and above all a-
' gainft the Infection of pernicious Herefles, which
c multiply, grow, and fpread daily more and more,
' to the great Difhonour of God ; to the (haking^
* the very Foundation of the Chriftian Faith ; to
* the feducing and deftroying of many poor Souls j
* to the hardening and ftrengthening of the com-
* mon Enemy; to the renting and dividing of
* Church and State ; to the fcandalizing of the Re-
* formed Churches; and to the difappointing of
* the Ends of the Covenant; fo that it is now high
* Time to purge out (we cannot fay a little Leaven,
* but) that which hath already leavcn'd the greateft
* Part of the Lump, and may, if connived at",
* quickly
256 tte Parliamentary HISTORY
quickly leaven the whole j for which Caufe, the
Danger being fo great and imminent, we cannot
forget to mention the preffing and urgent Necef-
fity of reftraining effectually the unparalleled
fcandalous licentious printing and publifhing of
Books, both againft Magiftracy and Miniftry,
and particularly againft the Authority of Parlia-
ment; againft the Reverend AfTembly of Di-
vines; againft the Covenant and the public Na-
tional Reformation ; againft the Union of the
Kingdoms; againft the Church and Kingdom of
Scotland 2nd all the Reformed Churches; yea,
againft Jefus Chrift himfelf, and the Sacred
Word of God : All thefe Things lie fad and hea-
vy upon our Spirits, yet we do not only pray,
but truft, that God will fo direct the Councils,
and profper the Endeavours of the Honourable
Houfes of Parliament, for the Reformation of
Religion and the Peace of the Church, that their
Care and Zeal may appear to be greater for the
Things of Chrift, than for their own Things; to
the Glory of God and of his Son Jefus Chrift,
the only Head and King of his Church; to the
ftrengthening of the Hearts and Hands of our
Friends, and to the flopping of the Mouths of
Adverfaries.
' The Particulars above exprefled we offer to the
Honourable and Reverend Committee to be re-
prefented to the Houfes of Parliament, whofe
Refclution and Anfwer we earneftly defire, not
only for our own Exoneration, that we may fea-
fonably give an Account of our Pioceedings to
thofe who have entrufted us, and do expect a fur-
ther Account from us; but alfo for the Comfort
and Encouragement of the Church and Kingdom*
of Scotland, who will wait for and look upon the
Progrefs of the fo much defired Reformation and
Uniformity in Religion, as the chiefeft and moft
comfortable Recompence of all their Pains, Ha-
zards, and Sufferings, and as the ftrongeft and
fureft Bond for keeping faft and firm the happy
Union and Conjunction of the Kingdoms againft
% the
ter.
of ENGLAND.
the common Enemies; which hath been, and An.
(hall be, our earneft Prayer and faithful Endea-
vour, being confident of our Brethren's recipro- December,
cal Affe&ion for continuing and ftrengthening of
this Uniori, and for tranfmitting it to the Gene-
rations following.
By Command of the Comniijfioners for ihe .Par-
liament of Scotland.
JOHN DONNE.
After the hearing this Piece of religious Advice
read, the Lords proceeded to take into Confide-
ration the King's laft Letter to (hem j and the
Queftion being put, Whether to go upon it then ?
it paffed in the Affirmative. Then the Letter was •"*" °f
r. , i L ri r • /-> • the Lords, od
again read, and the rloule went into a v^ommittee reading the
of the whole Houfe to debate the King's Defire of King's laft Let-
coming with Safety, Freedom, and Honour ; and
the Houfe being refumed, the Vote of the twenty-
fecond Inft. was readj and the Queftion put, Whe-
ther the Vote made by this Houfe, and fent down
to the Houfe of Commons, Concerning the King's
Coming to cne of his Houfes, without any further
Addition or Explanation, be a fit Anfwer to that
Particular in the King's Letter ? This was alfo
refolved in the Affirmative.
Next, the Houfe confidered of another Defire
in the King's Letter, and that was, of his being
heard; and a Queftion being propofcd, Whether,
in Anfwer to this Particular in the King's Letter,
this Houfe (hould return, That they will have no
Treaty upon the Propofitions ? it was refolved in
the Affirmative. But a Memorandum is entered
in the Journals, *• That, before the putting this laft
Queftion, the following Lords deftred Leave to
enter their Diflents if it was carried againft their
Votes; which being granted, they did accord-
ingly enter their DiiTents, by fubfcribin^ of their
Names.' But the Earl of Lincoln's is the only
Name fubfcribed to if
VOL. XV. R Dec,
258 The Parliamentary HISTORY
An. 22 Car. I. £>ec. 2g. Thefe Votes andRefolutions beingfent
t *6*6' t down to the Commons, foon after a Mefiage came
December. UP ^rorn them to defire a Conference about them ;
which being held, the Speaker of the Lords Houfe
made a Report of it to the Effect following :
' That the Commons faid they had received a
Vote from their Lordfhips, concerning the Dif-
pofing of the Perfon of the King: "That they
* th'th^Ccm. "agreed to " W1'th forne Alterations and Additions :
iions thereupon. As for the Place, they think it fitteft to be at
Ho!denby^ becaufe that Houfe is more capacious and
better lilted to teceive him and his Company; and
as it is in the Heart of the Kingdom, fafer and fitter
for Addrefles to his Majefty. As to the latter
Part, they faid, They had made fome Alterations
in it, becaufe they could not undertake for any
but for the Kingdom of England.'
Ther. the Vote was read, as given in by the Com-
mcns, but the Lords thought fit to make fome
farther Alterations in it, according to the Senfe of
their Houfe; which being put to the Queftion was
affented to, and MefTengers fent to defire another
Conference with the Commons about it.
We are not told, at this Time, what were the
Additions and Alterations which the Commons had
'made to the Vote ; but we find that two more Con-
ferences were held, by the Houfes, on this Bufi-
nefs, before they both agreed to the following Re-
Iblution: viz.
Both Houfes re- Dec. 31. « Rcfoked, by the Lords and Com-
W.WJUJJ mons aflembled in Parliament, That Holdenby-
SghTto Hoi- #«</'» in the County of Northampton, be the Place
denby, which the Houfes think fit for the King to come
unto ; there to remain with fuch Attendants about
him, as both Houfes of Parliament {hall appoint;
with Refpecl had to the Safety r-nd Prefervation
of his Perfon in the Prtfervation and Defence
of the true Religion and Liberties of the King-
doms, according to the Covenant. And when
the King (ball tie at Holdenby as aforefaid, and
the Scots Forces gone out of this Kingdom, the
two
^"ENGLAND. 259
fcwo Houfes of Parliament declare, That then they An- ~VSar< I,
will be ready, according to their former Declara-
tions for preferving the peculiar Rights of the
Kingdom of England, to join with the Kingdom
of Scotland in employing tlieir beft Endeavours to
procure his Majefty's AiTent to the Proportions
agreed on by both Kingdoms, and prefemed to the
King at Newcajile ; and to the Difpofing of the Bi-
fhops Lands, according to the Ordinances already
pafled both Houles in that Behalf: And, in cafe
the King fhall not give his AfTent thereunto, the
two Houfes are refulved (till to maintain the hap-
py Union already fettled between the two King-
doms, according to Treaties and the Covenant.
Thus ended the Kalender Year 1646.— The
King ftill with the Scots Army at Newcajlle, but
foon to be delivered up to the Parliament; the
Prince of Wales gone to his Mother in France ; the
Duke of York, on whorri the Houfes had thought
fit to fettle a Penfion of 7500 /. a Year for his Sup-
port, a Sort of Prifoner, with his Brother Henry
Duke of Glance ft er and the Princefs Elizabeth, at St.
James's Houfe, under the Care of the Earl of
Northumberland, deputed Guardian to them all by
the Parliament; who were now fo fully poflefled
of all they could wiQi for, to make their own
Terms with the King, that many of them thought
the Bufmefs now done, for fettling the Peace and
Liberty of the Subject on the moft folid Bafis.
How much they were miftaken will (hortly appear,
in the new Scene which opens now to our V Jew*
and will he the Subject of our next Years Enqui-
ries. But to return,
January I. The Lords took into Confideration
the Vote of Dec. 31, concerning the King's
coming to Hcldenby, and agreed that the faid Vote
Jftiould have a ihort Preamble to it, then, firft to
fend it to the Scots Commiflioners, and afterwards
to the King. The additional Preamble was thb :
R 2 'We
260 tte Parliamentary HISTORY
a. 2| Car. I. < We your Majefty's loyal Subjeds, the Lords
t ' ^6' , ' and Commons aflembled in the Parliament of
January. ' England, having agreed upon this following Vote,
* do humbly prefent it to your Majefty.'
Sir Peter Klllegrew was ordered by both Houfes
to carry this Vote to the King.
Jan. 2. The Parliament having appointed one
Lord and two Commoners, as Commiffioners to go
along with the Money to fee it paid to the Scots^
and take Notice that they performed every Article
agreed on for evacuating this Kingdom : In-
ftrudions for thefe Commifiioners were, this Day,
read by the Lords, and palled as they came up from
the Commons, without any Amendment. A Co-
py of them, as entered in both Journals^ we give
as follows ; obferving that ftill there is not one
Word in them relating to the King's Perfon.
INSTRUCTIONS for HENRY Earl of STAMFORD,
ROBERT GOODWIN and WILLIAM ASHURST,
£fr*.
c \^7Hereas there are certain Articles of A-
JnfmiCtions for t VV , , ^
theCommiffion- greement agreed upon between Com-
ers appointed to c mittes of Lords and Commons of the Parlia-
attend the Pay- « ment of England, and Commiffioners of the Par-
Hamentof Scotland, authorized thereunto by the
' Parliament of each Kingdom refpe&ively, con-
' cerning the Payment of 400,000 /. to the King-
' dom of Scotland for the Pay of their Army, and
' for the marching of their faid Army and Forces
' out of this Kingdom ; as is more at large ex-
4 p re fled in the laid Articles, a Copy whereof,
* bearing Date the 23d of this laft December, you
' have herewith delivered unto You :
* For the better Performance of all the faid Ar-
* tides, we have appointed you the faid Henry Earl
' of Stamford^ Robert Goodwyn, and William djk-
* urji, orany two of you, to be a Committee upon
* the Place, to take Care that the faid Articles may
* be duly and punctually performed according to
1 the faid Agreement.
In
^/ENGLAND. 261
1 In the whole Tranfa&ion of which Affair you, An. 22 Car. I,
' or any two of you, are to take efpecial Care that t lfi4_6'
* all Matters may be fo accommodated with our January.
* Brethren upon their departing, as may prevent
' all Unkindnefs that might happen by any Mif-
* confirmations or Mifapprehenfions.
' In the Profecution of which Service,
I. * You, or any two of you, are to make your
' Repair to the City of Tork ; wherein you (hail fo
* order your Journey, as to be there by the 1510.
* Day of this Inftant January, at the fartheft.
II. « Whereas you are to receive, for Hoftages
* from the Kingdom of Scotland^ the Perfons as ex-
f prefled in the 8th and i5th Articles, you, or any
' two of you, are fafely to keep the faid Perfons, for
4 the Alturances in the faid Articles mentioned ;
« and for that Purpofeyou, or any two of you, are
* to require of Major-General Skippon a fufficient
' Guard, which he is to furnifh you with for that
* Service j to which Guard, you, or any two of
' you, are to give Order that the faid Hoftages be
« treated with Civility and Refped ; and then a-
' gain you, or any two of you, fhall re-deliver ac-
< cording to the Direction of the faid Articles:
' And you, or any two of you, are alfo to take Care
< that 'the Hoftages, to be given by the i5th Ar-
* cle, be either the fame or of like Quality, at the
« leaft, with thofe mentioned in the 8th Article,
* who are to be guarded, treated, and re-delivered
* as is directed for the former.
III. ' When the Convoy that guards the Mo-
* ney is come to NortbaUerton^ and the Scsts Con-
1 voy come thither to receive it, you, or any two
« of you, (hall take Care that they may not fo meet
* and mingle together as that any Quarrel for
6 Quarters, or any other Unkindnefs, grow bc-
' tween them.
IV. 4 Whereas the Kingdom of EHg'wJis to give
' to the Kingdom of Scotland the Hoftages nonii.
4 nated in the 1 3th Article, and the faid Hoftages
* are appointed to be at York the 151!! of January
4 Inftant, except Sir William Selhy and Mr. Dc-
R 3 * laval.
262 -x tfbe Parliamentary HISTORY
An. zz Car. I. c lava[9 who are to be at Durham the 24th of Ja-
^ _' * ' ^ ' nuary, there to receive your, or any two of your,
January. ' Directions fbr the faid Service; you, or any two
e of you, are therefore, according to the Directions
f of the faid Articles, to give the faid Perfons that
4 are nominated in Hoftage ; and, upon their Re-
. f delivery, you, or any two of you, are to difmifs
* them to return at their Pleafure.
V. ' You, or any two of you, are to take Care
' f that, after the Payment of the firft lOOjOOo/. the
* Scots Army may not require or take any Money
' or Goods from the Country whatfoever j but that
' they pay for all fuch Provifions as they {hall re-
' ceive from the Country, according to the Refo-
e lution of both Houfes, of the i8th of December ;
f a Copy whereof, as alfo of the Scots Paper con-
* cerning the fame, is herewith delivered unto you.
* And you» or any two of you, are alfo to ufe all
' good Means in your Power to prevent the Spoil
6 and Plunder of the Country in the Marching
* away of the Soldiers ; and if any Money {hall be
* required or taken contrary to the abovefaid Re-
* folution, or any Plunder made, that (hall come
* to your Knowledge, you, or any two of you, are
e to reprefent the fame to the General of the Scots
' Army, or to the Committees or Commiffioners
* of Scotland upon the Place ; and, by all the Ways
' yon can, to endeavour a Redrefs of the fame.
VI. ' You, or any two of you, are diligently to
* confider the faid Articles of Agreement 3 and
' take Care that all Things, therein agreed, may
< be cleared and punctually performed according
' to the faid Agreement.
VII. e You, or any two of you, are, from Time
* to Time, to give Notice to both Houfes of your
* Proceedings herein ; and to obferve fuch farther
' Directions as fhall be given you, or any two of
c you, by them, for the Tianfaction and Execu-
6 tion of all Things to be done by Virtue of the,
* faid Articles, according to which you are, in all
f Things, to govern yourfelves in this Affair.
4 VIII.
of E N G L A N D. 263
VIII. « When all Things in the faid Articles An. *z Car. r.
1 agreed upon are performed and finifhed, except , \ 6'_ j
' only the Payment of the latter 200,000 /. you January.
1 are then to return and give an Account of this
' Service to both Houfes.
IX. ' Whereas the Houfes are informed that
' the Sum of 3000 /. or thereabouts, is borrowed of
1 the Town of Newcqflle^ by the General and
* Officers of the Scots Army and Forces, or fome of
' them, upon the Credit of the Monies to be now
' paid by the Kingdom of England to our Brethren
* of Scotland y you, or any two of you, are to ufe
'your beft Endeavours that the faid 3000 /. or
' other Sumfo borrowed, may be repaid out of the
* Monies to be now paid to our Brethren.'
A Letter from the Scots General, the Earl of Le-
ven, was this Day read in the Houfe of Lords,
addrefled to the Commifiioners for Scotland red-
ding in London.
May it pleafe pur Lord/hips,
' I Received your Letter by Exprefs (but now byA Letter frcm
c A the laft Poftj wherein your Lordfhips feri- General Leven,
' oufly recommend to me fuch Things as do very relatmg tothc
•highly concern the Peace and Safety of theKms'sP
'Kingdoms; which I fhall ever regard with fo
' much Fidelity and Zeal, as nothing in my Power
' fhall be wanting, with all Care and exact Dili-
' gence, to prevent all Difturbances and far-
' ther Evils that might enfue if there were any
' Mifcarriage at this Time.
4 The Bearer has alfo brought me a Letter from
' the Parliament, defiring me to take fpecial Care
' of his Majefty's Perfon, that he remain in and
' go not from our Army during our Abode here ; and
' that my former Orders and Proclamations be put
' in Execution for debarring, from Accefs to his
' Majefty'a Perfon and coming to Ntwcq/He, all
' fuch Englijh and Scots Malignants as ferved
' againft the Parliament, and no Permifljon to be
R 4 « here,
January.
'The Parliamentary H i s T Q R Y
here, which I will likewife faithfully perform J
And what farther may be propounded to me for
the Good of this Caufe, the Advancement of the
Service, and Difcouragement of difaffeded Per-
fons, flattering themfcives in the Hopes of our
Divifion, {hall be followed and obferved with
that fame Conftancy of AffecYion wherewith I
have always endeavoured to approve myfelf faith-
ful to the Public, and to
enftle Dee . 28,
1646.
Tour Lord/kips
A mcjl humblf Servant^
L E V E N.
Efom 7h
5<fots Army.
The Senfe of the Lords upon this Letter was,
That the General gave good Teftimonies of his
Faithfulnefs and Care to anfwer the Defires of
the Parliament ; and they ordered a Committee to
draw up an Anfwer to the fame.
Some Days now pafied without any remarkable
Occurrence, except we mention a Letter or two
which came from Major-General Skippon and
others, appointed to convey and pay the Money
to the Scots at York, and their Proceedings fo far j
which are not material enough to tranfcribe : But
This Day, Jan. 6, it was that the Houfe of
Commons fent up to the Lords fome Votes and
p- Refolution$ of their Houfe, of great Signiftcancy.
C ^ne Queftion was firft propofed in that Houfe,
Whether the King fhould be delivered over to
Major-peneral Skippon at Newcajlle? on which
the Houfe divided, when it appear'd there were
69 for, and 130 againft it: The Tellers on this
remarkable Qccafioii were, againft the Queftion,
Mr. Holies and Sir Philip Stapylton ; for it, Sir
Arthur Hefilrig and Mr. Alderman Hoylc of York.
After which the following Refolution was made:
Refofocd^ &c. ' That a Committee be appoint-
ed, by both Houfes, to go to Newcafk to receive
the
of ENGLAND.
thePerfon of the King from the Scot* Army; and An.
that it fhall conuft of Members of both Houfes,
This being agreed to by the Lords, they next read January
a Copy of inftru&ions, fent up at the fame Time,
with the Names of the CQinmiffioners appointed
for that Purpofe.
INSTRUCTIONS for the Right Honourable Philip
Earl of Pembroke and Montgomery, Bafi!,
Earl of Denbigh, Eward Lord Mountague,
Sir John Coke, Sir Walter Erie, Sir John
Holland, Sir James Harrington, John Crew, Efq.
and Major-General Brown, who are appointed
to go to Newcaftle, to receive the Per Jon of tht
King from the Scots Army.
I. c \7OU are to make your Repair to New-
c Y ea/llf, and be there by the twenty-third on
' of this Inftant January, or fooner if it may be,
' there to receive the Pcrfon of the King from the
' Scots Army.
II. * You are, upon your Arrival there, to fig-
* nify to his Majefty that you are come thither to
* receive his Perfon ; and you are alfo to fignify the
* fame to the Committees or Commiflioners of the
' Parliament of Scotland that {hall be at Newca/}le>
' and to the General of the Scots Army.
III. ' When you have received him as aforefaid,
' you are to fignify the fame to both Houfes of Par-
* iiament.
IV. « You are to take Care that the King's Per-
* fon be, with convenient Speed, conducted in Safety
* to Haldenby-Houfe^ according to the Vote of both
' Houfes of Parliament the firft of this Inftant 7a-
« nuaryy and for that Purpofe you are to give Di-
' regions to Major-General Skippon to furnifh you
* with fuch Horfe and Dragoons, of thofe under
' his Command, for the fame Convoy, as you {hall
* think fit, who is hereby required to appoint
* the fame Convoy accordingly; which Convoy
* ar°, fr,om Time to Time, to obey your Orders
< for
266
'The Parliamentary HISTORY
An. a* Car. I. « ror tnat Service ; and if you find it neceflary to
1646.
— v—
January.
you
* have a greater Convoy than can be fpared from
* thofe Parts, then you are to fend to Sir Thomas
* Fairfax for fuch Addition of Force as fhall be
' neceflary.
V. * After you have received the Perfon of the
* King, you are to take Care that no Perfon that
' has been in Arms, or affifted in this unnatural
*' War againft the Parliament, nor any other but
* fuch as you fhall think fit and allow of, may
* come, or deliver, or fend unto him, any Letters
' or Meflages.
VI. ' When you are come to Holdenby, you are
c to give Notice thereof to both Houfes, and receive
* their further Order ; untill which Time fuch
c Horfe and Dragoons as you fhall think fit, are to
4 remain with you and obferve your Orders.
« VII. c You fhall return to both Houfes of Par-
' liament the Names of fuch Attendants as you
' {hall appoint to come along with the King, and
* alfo of fuch as you fhall permit to fpeak with
« him, or to deliver, or to fend any Letters or Mef-
* fages unto him.'
The Lords having agreed to thefe Inftru&ions,
without any Alteration, they next proceeded to
read the Copies of two Letters, to be fent to New*
(aik the firft of which was
A Letter from c
both Houfes to
the Scots Com-
mulioners at
Ncwcaftle.
A LETTER from the Houfes to the COMMISSION-
ERS or COMMITTEES of the Kingdom of Scot-
land.
My Lords, ir'JMnfa, Jan. 6, 1646.
WE are commanded, by the two Houfes of
the Parliament of England, to aflure
your Lordfhips, in their Names, of their conftant
good AfTe&ion and firm Refolution to maintain
the happy Union and Agreement between the two
Kingdoms in purfuance of the Covenant, and to
perform all the Offices of Love and Amity which
i * can
cf E N G L A N D. 267
can be expe&ed from a Nation fo nearly join'd An. 22 Car. I*
to their Brethren of Scctland. They have fent .. * * ' T«
unto your Lordfhips here iaclofcd their Vote, de- January.
daring their Intention concerning the difpofing
of the King's Perfon, and employing their beft
Endeavours to procure his Majefty's Aflent to
the Propofitions. They propofe very fpeedily to
depute fome Perfons to receive his Majefty and
attend him to Holdenly, the Place appointed for
his Refidence. In the mean Time, till the Ar-
rival of thefe Peifons, they doubt not of your
Lordmips and the Earl of Levens Care to pre-
vent all Inconveniences which would follow up-
on the King's Removing himfelf into other Parts ;
which Care they defire earneftly may be conti-
nued for the fhort Time to come, as they give
you many Thanks for that of the Time parr, as
exprefs'd in a Letter of the Earl of Leven's to
your Commiflioners here, and by them fignified
to the Houfes. This being all we have in
Charge, we take our Leave and reft,
Tcur Lord/hips
Moft ojfeflionate Friends to ferve you9
MANCHESTER,
Speaker of the Houfe of Peers
pro Tcmpore.
WILLIAM LENTHALL,
Speaker of the Commons Houfe
in Parliament.
The other was addrefled to the Earl of Leven.
My Lord, Wcjlminjler, Jan. 6, 1646.
HP HE two Houfes of Parliament have com-
* manded us to fend this their Vote unto
your Lordfhip, by which you will fee their In-
tentions concerning the difpofing of the Perfon
of the King. They have refolved very fpeedily
to fend down a Committee to receive him) and,
' in
268
The Parliamentary HISTORY
An. 2* Car. I. f in the mean Time, they defire you will be plea-
26*6. fed t0 continue the fame Care you have formerly
had, that his Majefly withdraw not himfelf from
Jannary.
you, to the great Hurt and Prejudice both of
himfelf and the Kingdom. Your Lordfhip hath
already in that Particular, as in many others, gi-
ven a large Teftimony of your Zeal to the Pub-
lic ; and we, in the Names of the Houfes, are
to prefent you with a moft thankful Acknow-
ledgment; which being done, we have no more
to fay but that we are
Your Lordjhip's
Mofl affectionate Friends toferve you.
[Signed as before.]
Nothing material happening (except fome Let-
ters from Major-General Skippon^ and other of
the Parliament's Officers, that they had Tafely con-
veyed the 200,000 /. to York, but had not yet be-
gun to pay it to the Scots ; and a very long Ac-
count, for fome Months, of Affairs in Ireland^
•which is printed at large in Rujhworth's Collec-
tions (i), and rather foreign to the Plan of thefe
Inquiries) we pafs on to
Jan. g. When fome fmall Addition was made
to the Inflru&ions for thofe who were to go to
receive the JCing: viz. That, in the fecond Article,
the Words may be thus exprefs'd, You are alfoy
after your Arrival ^ as foon as you Jhall^ think con*
venient^ to fignify unto his Majejly, &c. It was
likewife ordered, That the Houfe at Holdenby
might be repaired, andProvifion made for the King
in his Journey, and when he is come to Holdenby ;
and that a Coach be fent to meet his Majefty. —
The Sum of 2500 /. was allowed by the Com-
mons to pay all the necefTary Expences, &c. of
this Journey : And all the Perfons appointed to
attend the Perfon of the King inftcad of his own
Servants, were named by Parliament.
Jan.
(t) Vol. VI. from p. 39910 444.
of E N G L A N D. 269
Jan. 11. The Commons fent up a Letter from An. azCar. I.
Major-General Xkippon, with an Examination in- v l6+6' t
clofed, directed to their Speaker, about an Attempt january.
the King endeavoured to make for an Efcape from
Newca/L'tj and get on bord a Spip in order to be
conveyed into France \ the whole of which de-
ferves our Notice.
For the Hon. WILLIAM LENTHALL Efq ; Speaker
of the Honourable Houfe of Commons, thefe
humbly prefent. i
Truly Honoured Sir,
(Hold it my obliged Duty, in Faithfulnefs to
the great Truft repofed in me by the Honour- from^Majot^Ge-
able Houfes, in this prefent Northern Employ- neral Skippon,
ment, as in all other Services that I (hall have to concerning the
do withal in relation to the Public, to acquaint to 'makehit "*
you with whatfoever Occurrences of Concernment Efcape.
that I do or (hall meet withall j and have therefore
thought fit to fend you this inclofed Examination,
leaving the fame to your judicious Confuleration ;
humbly defiring, as (hall be conceived conve-
nient, to receive from you, from Time to Time,
fuch Commands as may make me to underftand
your Pleafure; and I allure you, Sir, (by the
Help of God) I (hall, with all Care and Fidelity,
put them in Execution.
' The Examinant himfelf will, I hope, be with
you foon after this ; for To-morrow I purpofe to
fend him, accompanied with one that ftiall have
an Eye upon him ; altho' it is thought he hath
dealt fo ingenuoufly already, that there need not be
any Doubt of his voluntarily appearing before you.
It is not unlikely but that, if he be farther exa-
mined before a Committee, and friendly ufed, feme
more Matters of Confequence may be difcovered
by him. He hath promifed me he will be very clear
and full, to his uttermoft Knowledge, in whstfo-
ever {hall be afked of him. May it pleafe you,
if he do as he hath faid, not to let him want En-
couragement and Reward i for I allured him he,
« or
The Parliamentary HISTORY
or any Man, might expecl: the fame from the
Parliament, that, in good earneft, manifefted
January. * himfelf faithful to them. I fhall, by him, write
' two or three Lines to advertife you he is the Man*
' This is all I have, at prefent, to trouble you
1 with now, only that the Money-telling on both
* Parties goes on apace here, fo that I hope it will
* be difpatched within the Time limited ; and we
* fhall, God willing, be gone from hence there-
* with Northward To-morrow Se'nnight at the
< fartheftj and that I am,
r"t*6 ?"' 8' ^Uch Honoured S'r->
Friday, 11 at Night. Your true-hearted Servant^
PH. S K I P P O N.
*fbe EXAMINATION of Mr. TOBIAS PECKER (<?),
one of the Grooms of the Privy-Chamber to the
King, taken at York, January 7, 1646.
Mr. Peaker's e *T*HIS Examinant faith, That Mr. William
Examination e A Murray, Groom of the Bed-Chamber to
charging the Earl c tne King, about a Fortnight fince fent this Exa-
tcith being privy ' minant to the Captain of a Dutch Ship lying in
thereto. < Newcaflle, at the Sign of the Peacock, to defire
\ ' him to come to Mr. Murray's Lodgings in New-
* cajlle, which he did ; and the Dutch Captain
* wentaccordingly to Mr. Murray, and ftaid with
' him a little while in private. When this Exa-
' minant next fa-w Mr. Murray, he was defired by
*• him to go again to the Dutch Captain, and carry
* him ioo/. and accordingly Mr. Levett, one of
c the Pages of the Back-Stairs to the King, was
* appointed todcliverthe faid ioo/. tothisExami-
* nant ; who, not finding him, left the Money at Mr.
4 Murray's Lodgings under his Bed's Head, where
* the faid Mr. Levett appointed this Examinant
* afterwards to fetch it, which he did; and carried
' it to the Captain according to Appointment.
« And
(4) He had formerly been Servant t<j the Lord-Keeper Littlttsr.,
See Vol, Xl.p-iij,
of ENGLAND. 371
e And, to this Examinant's beft Rememberance, An- 2V^ar
4 the fame Night, being the 24th of December •, he * ^'
4 was fent by Mr. Murray to the Ship then lying January.
* at Shields^ to enquire of the Captain how the
* Wind ferved for his going out, and whether he
* could not go out in the Nisht, notwithftanding
* any Oppofition from Tinmouth Caftle. The Cap-
4 tain anfwered, He had rather go out in a Day-
4 Tide, but yet he could be ready at any Time if
* the Wind ferved ; and that he would go, not-
4 withftanding any Oppofition. This Examinant
* lodged that Night aboard the Ship* and the next
4 Morning went to Mr. Murray, and gave him an
4 Account of the Dutchman's Anfwer. The Day
' after being the 26th of December, this Examinant
* was told by Mr. Levetty that the King was late
* up the Night before, and he expected that they
4 fhould go away; but the Wind ferved not. And
* this Examinant had Conference with Mr. Mur-
4 ray, the fame Day, to this Purpofe, viz. This Ex-
4 aminant afked Mr. Murray about the King's go-
* ing away, Whether he intended it or not, and
4 whither he meant to go ? Withall telling him$
4 That he conceived it very much to the King's
* Difadvantage to leave the Kingdom, and put
4 himfelf upon a Foreign Power. Mr. Murray
4 anfwered, That the King intended for Dunkirk in
4 France ; and withall, that they had a a;ood Game
4 to play, in regard there was certain Intelligence
4 that the Peace is concluded with Ireland; and
4 that their General, Monro^ who commands the
4 Scots Army there, had fo far confidered the Bu-
4 itnefs that he would be for the King. Where-
4 upon this Examinant faid, That he conceived
4 the King's taking Part with the Irijb, againft
4 whom he had fo much declared, would lofe much
4 of his Intereft with his Proteftant Subjects. To
4 which Mr. Murray replied little, but faid, With-
4 in two or three Days, we (hall know more of that
« Bufmefs.
4 Two Days, or thereabouts, after that, Mr.
« William Murray fent for this Examinant to the
4 Angel
The Parliamentary HISTORY
Angel in Newcajlle, where Sir Robert Murray
coming in, fpoke to Mr. William Murray : After
January. ' they had fpoken together, Mr. William Murray
' told this Examinant, That, by reafon the Mayor
' of Newcajlle had examined the Captain of the
6 Dutch Ship, they muft fteer another Courfe;
' and therefore deiired this Examinant to go to
' Hartlepool, and fee what Ships were there, and
* enquire the Names of the Mailers, which this
' Examinant promifed he would do ; but after-
* wards, confidering faither that it was not con-
* venient for him to go to Hartlepool without a Pafs
* or Letter from Mr. Murray, 4;his Examinant
c went again to him and defired a Letter, which
' Mr. Murray wrote accordingly to Lieutenant-
' Colonel Douglafs, Governor of Hartlepool, which
' this Examinant received from him ; and, having
c a Horfe lent him by Sir Robert Murray, was to
* go the next Morning.
' On Thurfday the laft of December, this Exa-
e minant took Horfe, and went over to Gatefide*,
' and being got half a Mile towards Hartlepool, be-
' gan more ferioufly to think of the Confequence of
* that Bufmefs he fufpe&ed he was emyloyed about ;
' and, not being willing to be acceflary to an Action
* which might prove fo prejudicial to the King-
' dom, he returned into Gatefide, left his Horfe
* at a Smith's Shop, and came back into Newcajlle
' to Mr. Mayor's Houfe j and defiring to fpeak
* with Mr. Mayor, told him, He had a Bufmefs
* to impart to him, in which he conceived the
* Good of the State was much concerned. Here-
' upon Mr. Mayor caHed him up into a Chamber,
c and fent for Alderman Banner, to whom he gave
* an Account of what had paffed betwixt Mr.
' Murray and him in this Bufmefs ; and alfo {hew-
* ed them the Letter he had received from Mr.
* Murray to the Governor of Hartlepool, which
* the Mayor took a Copy of.' The Contents of
the Letter were to this Purpofe :
Noble
df ENGLAND. 273
Noble Governor, An- 22 Car.
"f'His Bearer can acquaint you with a Journey I
am commanded to undertake. Here is neither January.
)hips nor Wind fitting ; I drfire therefore to begin
ty Voyage at Kartlepool, if there be any Accommo-
dation where you are, &c.
* This Examinant then propounded to Mr.
Mayor, Whether he thought fit he fhould feal
up the Letter again, and proceed according to
Mr. Murray's Direction to go to Hartlepool^ or
whether he {hould away to York. Mr. Mayor
and Alderman Banner advif.-d that the Exami-
nant (hould go on to Hart'spool, and give an Ac-
count to Mr. Mayor of the Succefs of his Jour-
ney at his Return; which accordingly this Exa-
minant intended to do, and to that Purpofe took
his Journey the fame Day, and went as far as
; Durham on his Way to Hartlepool '; but there
hearing that the Governor was gone to a Horfe
Race near Nevjcajtle, and was like to ftay there
two or three Nights, this Examinant, being
• certainly informed thereof, returned to Ncwcajile^
'• and gave the Mayor an Account of his Journey.
And this Examinant further faith, He was ready
to have done all further Service for the Good of
the Kingdom ; but while he was gone towards
Hartlepool, the Mayor fcnt Alderman Bonner and
Mr. George Dawfon to the Earl of Leven, to ac-
quaint him with this Letter of Mr . urrays and
other Probabilities concerning the King's Efcape ;
defiring him to make as private Ufe of it as pof-
fibly he could : But the Earl of Leven acquaint-
ing Mr. Murrey with the Letter, th:s Examinanf,
the next Morning, being Saturday the fecond ot
January coming into the Prefence-Chumber
where Mr. Murray then was, Mr. Murray came
to him, and fvvore, That this Examinant had be-
trayed the King and him, for the General told
him he had a Letter in an Ambufh for him : And
' farther, the laid Mr. Murray expoftuhted with
' this Examinant concerning his not goino1 to
VOL. XV. S
The Parliamentary HISTORY
e Hartlepool, and charged him v/ith Negligence in
< the Bufinefs, and inquired where his Letter was ;
January. '- whereupon this Examinant returned it to Mr.
' Murray, who (k fired him tocojre tohim about an
* Hour after, which he accordingly did, 10 know his
' Pleafure : And then Mr. Murray told him, it was
' the King's Pleafure / that this Examinant fhould
' go to the Captain of the Di<*:h Ship and bid him
' defire of tne Train to victual his Ship; which,
' as this Examinant belie vt ?, was but a Pretence
* for his Stay. But this Examinant, fearing the
* Bufmefs was fo much discovered as that his far-
* ther Employment might prove not only unfer- ,
* viceaWe to the Public, but dangerous to himfelf, >
* durfl not proceed any farther in it, but came
* back to Mr. Mayor, and defired his Advice, and
' likewife the Afiiftance of his Pafs to get out of the
' Quarters of the Scots Army, in which he thought
* it not fafe to flay; which the Examinant accord-
c ingly received from Mr. Mayor, and went to-
' wards York, where he was appointed to meet
' Mr. Alderman Banner and Mr. George Dawfon,
* who were fent by Mr. Mayor to Major-General
* Skippon, and to proceed farther in the Examina-
' tion of this Bufmefs as Occafion fliould be.
* And this Examinant being farther afked,
* Whether, by Conference with Mr. Murray or any
4 other, he knew any Thing concerning any En-
' ga<j;ement or Refolution of the Scots Army now
4 in England^ or any Part of it, in Reference to the
« .King, this Examinant faith, That Mr. Murray
' told him that feveral Regiments of Foot were-
* furc for his Majefty, viz. The Earl of Dumferm-
1 line's, the Lord St. dair's, the Regiment of-
* Durham, the Regiment of Stockton in the Bifhop-.
< rick of Durham, the Regiment of Hartlepool,.
' and the Regiment of Timnouth CafHe ; and that
* Mr. .MwmTyalfo faid that David Leflcy, Lieute-
' r.ant-General of the Korfe, had given good Hopes.
TOBIAS PEAKER,
' The
of
E N G L A N D, 275
The Lords having read the foregoing Letter and An- « Car* *»
Examinations, ordered them to be communicated v ^ ,
to the Scots Commiflioners : That the Gentleman- January.
Ufher attending their Houfedo attach the Body of
Mr. William Murray^ and bring him before the
Lords in Parliament, to anfwer fuch Things as
{hall be charged againft -him : And that the faid
Commiftioners be defired to write a Letter to the
Governor of Ne%vcn/ile^ That Mr. William Mur-
ray and Sir Robert Murray may be kept in fafe
Cuftody for that Purpofe.
Next the Lords proceeded, at the Defire of the
Commiflioners that were to go to Newcaftle^ to
name the Servants that were to be about the King,
both on the Journey and when he came Holdenby.
2 an. 12. A Letter from the Sects Commiflioners
ondon^ directed to the Speaker of the Houfe of
Lords, was read ; wherein the Teftimony of the
aforefaid Evidence, concerning the King's Efcape,
is obviated.
For the Right Honourable the SPEAKER of the
Houfe of?FERs pro Tempore.
My Lord) Worcefter-Houfe, 'Jan, 12, 1646-7.
YEfternight an Examination, with other Pa-
pers, was delivered up to us by the Com- Sonera Vi!3i«
mittee of both Houfes that are of the Committee "tion'againft1 '*
of both Kingdoms. We do intreat your Lord- that charge,
fhips to communicate our Anfwer prefently to
the Houfe, and remain
Tour Lord/hips humble Servants,
LAUDERDALE, H. KENNEDY,
C. ERSKINE, R. BARCLAY.
Jan. 12, 1646-7.
* "1T7E do cbfcrve and take fpecial Notice of
' VV the Favour of the Honourable Houfes
* of Parliament, in communicating to us the Ex-
82 ' animation
. 2i Car. I.
1646.
^
January.
^be Parliamentary HISTORY
amination of Tobias Peaker, together with Ma-
jor-General Skippon's Letter and the Orders of
the Houfe of Peers ; fuch Correfpondence and
making known of Informations of that Kind be-
ing a very good Way, and often dcfired by us,
for preventing of Mifunderftanding between the
Kingdoms: And as to that particular Bulmefs
we return this Anfwer, That if the Earl of Li-
ven was acquainted therewith on the laft of De-
cember, as is informed by that Examinant, it is
moft ftrange to us that, to this Day, we have
not the Icaft Hint given us from the North of any
fuch Thing: Only we are informed, by two
Letters, that Tobias Peaker had ftolen away the'
Money, Cloaths, and fome other Things be-
longing to Air. William Murray ^ and fo efcapedj
whereupon it is dcfired, in thefe Letters, that he
may be apprehended, in cafe he comes to London.*
And altho' no fuch Letters had come, yet there
is fuch a Contradiction, to pafs over the Impro-
bability of fome Circumftances in his own Infor-
mation, as may make the Truth of the Bufinefs
greatly fufpecled ; for, in one Place, he faith,
That Mr. Murray fent him to inquire of the
Dutch Captain, whether he would go out with
his Ship, notwithftanding any Oppofition from
Tinmonth Caftle ; yet, in another Place, he faith
Mr. Murray told him that the Regiment of Tin-
mouth Caftle is fure for his Majefty.
* However, for further manifesting the Truth,
we have, without any Delay, fent the Examina-
tion, together with the Votes of the Houfe, unto
the Committee of the Parliament of Scotland, at
NtrMcaJlle; and have dcfired their Lordfiiips to
make a perfect and exadt Inquiry into the Truth
or Falfhood of the Bufinefs, and to i\ turn hither
a true Information concerning their Proceedings
therein, which we do not doubt will be fuch as
the Houfes will be fatisficd with; trailing, in the
mean Time, that the Informations of a Perion
accufcd of Theft cannot be of ar.y fuch Value
with the Honourable Houfes, as to blaft the Re-
* putation
of E N G L A N D. 277
putation ofthofe particular Perfons, much lefsof An. 22 rar. r
the Regiments of the Scots Army mentioned in , ]_ '" '__t
that Examination. January.
* And as we (hall never offer to juftify any De-
linquency or Unfaithfulnefs in any Perfon or Per-
fons \\-hatfoever in that Army, fo we cannot but
expecl; that no ether but a charitable and good
Opinion of them (hall lodge with both the Houfes
of Parliament, untill there be a real Ground to
think otherwife of them/
By Command of the Commijfioners for the Parlia-
ment of Scotland.
JOHN CHIESLEY.
Several Letters from York were read in the
Houfe of Lords, at this Time, from the Parlia-
ment's Treafurers and the Major-General, con-
cerning their Manner of paying the Money to the
Scots, and conveying it away from thence, not . \
much to thePurpofe; and nothing elfe intervening
worth Notice, we pafs on to
fan. 1 8. The Houfe of Commons had ap- T, ComTTKin,
pointed a Committee to confider of fome proper grant Gratuities
Reparation to be made to the Members that were to feveral Mem-
imprifoned tertio Cflroli; and the Report beina; 3"^'*^
made thereof this Day, it was agreed to by thu n'j jtioTcar. "
whole Houfe.
4 That Mr. 'Holies fhall have 5000 /. for his
Damages, Lodes, Imprifonmenrs, and Sufferings,
fuftained and undergone by him, for his Service
done to the Commonwealth in the Parliament of
tertio Car oil (a}.'
The like Refolution in favour of Mr. John
Seldw, Mr. Walter Long, and Mr. Benjamin Va-
S 3 lentine;
(a) -In this Gentleman's Memoir; we find the following Remark :
' I myfelf, for my Suffering after the Parliament trnio Caro.'i, which
« continued many Yesrs, colt me fome Thoufands of Pounds, and
' prdjudiced me more, had 5000 /. civen me by the Houfe for <^\
' Reparation. I refufed it, and faid, I would not receive a Penny
' till the public Debts \vt'e paid. Let ai.v or them fay fo muvh,
* I dcfirc whoever (hall chance to read this, to pardi n me this Folly,
' I do not mean for not taking the Money, 1 ut feeminp to boaft of
•it. Jmuft again repcr.t the Anoftle's \Vorj, 1 <.-*. l>t«nea Fool
' if
278 tte Parliamentary H i s T OR Y
An. azCir. \.kntine; alfo to the Reprcfentitives of Sir John
46' Ellht* Sir Peter Hrym,- . ' ' :Uiam Si
' Thar <co /. be bellowed in creftiri j-
ment to Sir Miles tlsbart, •:-. Member of the Par-
liament of turtle d:roli^ in Memory of his Suf-
ferings' . hi$ acmcc t n.
' That Mr. Samuel F^jja^ e 1 0,4457.
12 J. 2</. paid him for his Lolles .inJ Damages,
fuftained in denying to pay Tonnage and Pound-
age not granted by Act of Parliament, in Pur-
fuance of, snd Obedience to, a Declaration and
Vote of this Houfe.
' That 5000 /. be affigned to the Reprefenta-
tives of Mr. Hampden^ in refpecl of the Lofles,
Damages, and Sufferings fuftained by him in op-
pofmg the illegal Tax of S hip-Money, and for
his Service therein to the Commonwealth.
Jan. 20. The Speaker acquainted the Houfe
that Sir Peter Kiltigrew was return'd from Ncwcajtle,
and had brought three Letters, which were open-
ed and read. And firft a Letter from the King :
To the Speaker of the Houfe of Peers pro Temporet
to be communicated to the Lords and Com-
mons of the Parliament of England, aflembled
at Wenunert and to the Commiflioners of the
• • Kingdom of Scotland, at London.
CHARLES*, Ntwcaftlt, Jan. 15, 1646.
7 7 IS Majejly hath received, by Sir Peter Killi-
A Letter from -*^ grew, the Vote of his two Houfes of Partia-
rte King, at ment Of tke 31^? of December 1646, about his
r^cwca e. coming to Hold en by j concerning which his Majefty
ivlll declare his Pkafure to the ConimiJJioners which
Jkall come hither for that Purpofe.
Next
• in glorying, but they have compelled ire. It is true I had paid
' for a Fine impcfed in the King's Bench, \vhich I laid down in
,* ready Money cut of rry Purfe, a thoufand Marks : This, in the
' Time of thefe Trci.bles, (wh-n my while tlbtc was kept frcm
,' me in the Weft, that, fcr ..'ir.e V'ears or thereaboutf, I received
f thence not one Farthing) was reinaburs'd to me.'
flfemiin, p. 140,
tff E N G L A N D. 279
Next a Letter from the Commiflioners of Scat- An. 22 or. I.
and was read : v ' ' ,
For tbi Right Hon. the Earl of MANCHESTER,
Speaker of the Houfe of Peers, and to the Ho- ,
nourable WILLIAM LENTHALL, Efj ; Speaker
of the Houfe of Commons, by them to be commu-
nicated to the Honourable Houjes of Parliament
ajfembhdat Weftminfter.
Newcaftbj Jan. 12, 1646-7.
May it pleafe your Lordjhips9
came hither to Nwcaflk, expefling
fome Commiffioners fhou'd have been there,
fent by the Honourable Houfes, according to the
Defires of the Parliament of Scttland^ reprefented
by their Commiflioners j and having received
Yefternight a Letter from your Lordfhips, in the
Name of the Houfes, by Sir Peter KiUigreiv^
with the inclofed Vote therein concerning the
King's M:ijefty's going to Holdenby- Houfe ^ ihew-
ing that Commiffioners are coming hither, but
not importing any Treaty at all with us; we
have fent the Letter and Vote to the Parliament of
Scotland: And fhall be ready, on all Occaflons,
to endeavour the Prefervation of the Union be-
twixt the Kingdoms, with all that Affection and
Reality which can be expected from
Tour Lordflnps humble Servant sy
LEVEN, A. HEPBURNE,
LOUDON, R. FREEBAIRN,
LOTHIAN, W. GLENDINNING.
BALCARRAS,
Then a Letter from General Levcn^ addreflfed
in the fame Manner as the foregoing:
-, /,, cv z , And from the
biewcajtle, Jan. 12, ID46--7. t.iri Of Leven
May it pleafe your Lordjbips, relating to the
« T Received a Letter from, your Lordfhips, '^^^
( •• Name of the Honourafc^e Houfes, with the Holdlnby. *
* inclofed Vote concerning the Difpofing of the
S « Per.
280
An. 22 Car. I.
1646.
— -v —
January.
T.lx Parliamentary HIST ORY
PciTon of the King; wherein your Lord{hips
fhevv me that a Committee is to be fent hither
for that Effect ; and, in the mean Time, defire
the Continuance of my Care: In Anfwer where-
unto I (hall aiTure your Lordfhips, that as I have
been hitherto, with all Faithfulnefs, willing to
do whatfoever might witnefs my Zeal to the Pub-
lic ; fo fhall I, with the fame Conftancy, in the
Particular concerning the Care of his Majefty's
Perfon, ufe the beft Means and Endeavours
which may conduce moft to the preferving a fair
Correfpondence, and maintaining the happy U-
nion fettled between the two Kingdoms ; and fo
I remain
Your Lord/hips moft humble Servant,
L E V E N.
Thefe Letters were ordered to be prefently com-
municated to fuch of the Scots Commiflioners, as
were then refiding in Lyndon, and alfo to the Houfe
of Commons.
A Letter from
the Scots Parlia-
poent OD the
fcroe Occasions.
Jan. 25. The Speaker acquainted the Houfe,
that this Morning he received a Letter from the
Parliament of Scotland, which was opened and
read. It was addrefled to the Speakers of both
Houfes, in theufual Form.
Edinburgh, "Jan. 16, 1646-7.
Right Honourable,
OUR Commiflioners at London and Nnv-
cajlle having received from the Honourable
Houfes the Vote of the firfr. of January, and com-
municated the fame to us, we have confidered of
it as a Bufinefs of very great Concernment to both
Nations, and therefore have concluded upon the
inclofed Declaration and Defires ; whereby it
will appear how willing we are to comply with
the Refolutions of both Houfes ; how defirous to
remove all Jealoufies, for ftrengthening the Peace
and Union, and maintaining a good Underftanding
betwixt the Kingdoms, fo firmly tied by Solemn
league and Covenant j and how confident that
« they
cf ENGLAND. 281
* they will fatisfy our reafonable Defires, and make An. zz Car. I.
* the Integrity of our Proceedings and Refolutions, t l6*6' _ f
* in all this Bufinefs touching his Majefty, appear, january.
' either by Declaration or otherwife, as in their
' Wifdom they (hall think fit ; whereby no Occa-
' fion of Calumny may be left to the wicked Ene-
' mies of either Nation ; and as God has blefled the
* joint Endeavours of both during our Army's Abode
* in that Kingdom, fo it will be a great Encou-
* ragement for us to hope for the Continuance of
* the fame Blefling for Times coming, that our
' Refolutions may be known to be one at our Re-
' moving, in Relation to all the Ends contained in
' our mutual League and Covenant : And if any
' Difficulty occur there, for gaining of Time, we
' defire that the Honourable Houfes may be pleafed
* to fend particular Inftru£lions to their Comrnif-
* fioners at Newcajlle, with whom we (hall autho-
' rize purs to concur for the juft Satisfaction of
' both Kingdoms. We reft
Tour affeflionate Friend, and Servant,
CRAWFORD and LINDSAY,
Prefed' Parr.
And likewife a Declaration of the Kingdom of
Scotland and another Paper was read, viz.
' \T7 ^ereas ic Plea^ecl God to join the King-
' W dom of Scotland, England and Ireland, Alfo a Declaati-
' in a folemn League and Covenant, for Reforma- on of that K-mg-
•tionand Defence of Religion, the Honour and ^jS^Xtf
t TT r r i • TS* • ii- Conlent to the
Happmels of their King, and their own Peace Dei.vering up of
' and Safety; and, in purfuance thereof, the Scats the King to the
* Army being in the Kingdom of England, the (f"n^. Comoiif*
4 King's Tvlajefty came to their Quarters before
c Newark, and profefled he came there with a full
' and abfolute Intention to give all juft and abfolute
* Satisfaction to the joint ^Defires of both King-
* doms ; and with no Thought either to cc ;tinuc
( this unnatural War any longer, or to make Di-
* vifion between the Kingdoms i but to comply
* with
282 The Parliamentary HISTORY
' %%"' L c with his Parliaments, and thofc entrufted by them,
v' . c in every Thing for fettling Truth and Peace ;
January. ' and that he would apply liimfelf totally to the
* Councils and Advices of his Parliaments ; which
'he did not only profefs verbally to the Commit-
* tee of Eftates with the Scots Army, but alfo, in
' his feveral Letters and Declarations, under his
' own Hand, to the Committee of Eftates in Scot-
' landy and unto the two Houfes of Parliament of
* England refpe&ively; In Confideration whereof,
* and of the Reality of his Intentions and Refolu-
* tions, which he declared did proceed from no
' other Ground than the deep Senfe of the bleeding
« Condition of his Kingdoms, the Committee of
* the Kingdom of Scotland, and General Officers
* of the Scots Army, declared to himfelf and to the
* Kingdom of England, their receiving of his Royal
* Perfon to be in thefe Terms (which is the Truth,
* notwithftanding what may be fugeefted or al-
* Ied0cd by any to the contrary, within or without
* the Kingdom) and prefented to him, that the
e only V ay for his own Happinefs and Peace of
< his Kingdoms, under God, was to make Good
« his Pn/feffionsfo folemnly renewed to both King-
< doms : Thereafter Proportions of Peace were not
* orly (which after ferious and mature Deliberation
« were agreed upon) tendered to him in the Name
« of botr Kingdoms for his Royal Aflent thereun-
* to; but alfb the chief Judicatures of this Kina;-
* dom. both Civil and Ecclefiaftical, made their
Jc and earneft Addrcfles to his Majefty by
f supplications, Letters, and Commiflioners for
« that End ; and fully reprefented all the Prejudices
« and Inconveniencies of the Delay or Refufal of his
* Aflent, and, in particular, that this Kingdom
1 ...uld be necefTitated to join with the Kingdom
4 of England, to conform to the League and Co-
* venant in providing for the prefent and future
* Security of both Kingdoms, and fettling the Go-
4 vernment of both, as might beft conduce to the
* Good of both. And the Parliament of Scot'
*• land, being now to retire their Army out of
^ENGLAND. 283
* land, have again, for their farther Exoneration, An- " Car. j.
' fent Commiffioners to reprefent their renewed t _' * ' _*
* Defires to his Majefty what Danger may enfue January
' by his Delay or Refufal to grant the fame ; and
' that till then there was Danger to the Caufe, to
' his Majefty, to this Kingdom, and to the Union
' betwixt the Kingdoms, by his coming into Scot"
' land; and that therefore there would be a joint
* Courfe taken by both Kingdoms, concerning the
' Difpofal of his Perfon: And confidering that his
* Majefty, by his Anfwer to the Proportions of
* Peace in Attgiijl laft, and alfo by his late Meflags
' fent to the two Houfes, and by his Warrant com-
' municated to the Eftates of this Kingdom, has
' exprefled his Defires to be near to the two Houfes
' of Parliament : And feeing alfo that the Parlia-
c ment of England have communicated to the Scots
' Commiffioners at Newcajile^ and by them to this
' Kingdom, the Refolution that Holdenby-Hcufe,
' in the County of Northampton^ is the Place
' where the Houfes think fit for the King to come
' unto, there to remain with fuch Attendants about
' him as both Houfes of Parliament {hall appoint,
' with Refpcct had to the Safety and Prefervation
' of his Royal Perfon, in the Prefervation and De-
f fence of the true Religion and Liberties of the
6 Kingdoms according to the Covenant : There-
' fore, and in regard of his Majefty's not giving a
' fatisfaclory Anfwer to the Proportions as yet,
* and out of their earneft Defire to keep a right
* Underftanding betwixt the two Kingdoms; to
' prevent new Troubles within the fame ; to tefti-
4 fy the Defire of the two Houfes of Parliament of
' England and of this Kingdom, for his Majefty's
' Relidence in fome of his Houfes near the Parlia-
' ment of England; to prevent Mifmformation, and
' to give Satisfa&ion to all the Eftates of the Parlia-
' ment of Scotland; they do declare their Concur-
* rence for the King's Majefty's going to Holdenby-
c Houfe^ or fome other of his Houfes in or about
* London, as (hall be thought fit, there to remain
* untill he give Satisfaction to both Kingdoms in
« the
284
January.
And their farther
Dcfires.
The Parliamentary HISTORY
e the Propontions of Peace ; and that, in the In-
4 terim, there be no Harm, Prejudice, Injury, nor
4 Violence done to his Royal Perfon; that there
4 be no Change of Government other than has
4 been for thefe three Years paft; and that hisPo-
4 fterity be no ways prejudiced in their lawful Sue-
4 ceflion to the Crown and Government of thefc
' Kingdoms. And as this is the clear Intention
* and full Refolution of the Kingdom of Scotland^
4 according to their Intereii and Duty, in relation to
4 the King's Majefty, fo they are confident (from
4 the fame Grounds and manifold Declarations of
'the Parliament of England] that the fame is the
* Refolution of their Brethren ; and at fuch a Time
* they do expect a renewed Declaration thereof,
4 and that they will give brotherly and juft Satif-
4 faction to the Defires herewith fent, like as the
4 Kingdom of Scotland do hereby aflure their Bre-
4 thren of England that it (hall be their conftant
4 Endeavour to keep, continue, and ftrengthen
* the Union and Peace betwixt the Kingdoms,
4 according to the Covenant and Treaties.
Extrafled from the Records of Parliament^ fub-
fcribed by the Earl of Crawford and Lindfay,
High Treafurer of Scotland and Prefident to
the Parliament ; witnejjing thereunto the Sub-
fcription and Sign Manual of me Sir Alex-
ander Gibfon, of Drury, Knight, Clerk of
our Sovereign's Ro/ls, Regijlery and Council.
ALEX. GIBSON, Cfcr. Regr.
DESIRES of the Kingdom of Scotland.
Edinburgh^ Jan . 16, 1646-7.
I. *"T"*HAT a Committee of both Kingdoms
Jl be appointed to attend his Majefty, and
prefs him farther for granting the Proportions of
Peace; and, in cafe of his Refufal, to advife and
determine what is further neceflfary for continu-
1 ing and ftrengthening the Union betwixt the
* Kingdoms, according to the Covenant and Trea-
4 ties :
of ENGLAND. 285
c ties ; and that no Peace or Agreement be made ^n. ^^ Car. I.
* by either Kingdom, with the King, without the 1646'
* other, according to the late Treaty betwixt the januav
* Kingdoms.
II. ~« Next it is defircd, That fuch of the Scots
4 Nation as have Place or Charge about the King,
4 (excepting fuch as ftand excepted in the Propo-
f fitions of Peace) may attend and exercife the
4 fame : And that none ihall be debarred from ha-
* ving Accefs to attend his Majefty, who have
4 Warrants from the Parliaments of either King-
4 dom refpeclively, or from the Committee of ei-
4 ther Parliament thereunto authorized.
III. * It is defired that the one Kingdom aflift
* the other, in cafe they be troubled, from within
4 or from without, for this Agreement.
IV. * That the Kingdom of England would
* fpeedily condefcend and agree upon fome Corn-
4 petency of Entertainment for the Forces, which
4 we are neceflitated to keep up to fupprefs the
4 Irijh Rebels ; whom, by the large Treaty, they
4 are bound to fupprefs.'
CRAWFORD and LINDSAY,
Prejuf Parl\
The Lords having taken thefe DeCres of the
Scots Parliament intoConfideration, exprcfled their
Senfe upon them in the following Refolutions :
1. 4 That there be no Harm, Prejudice, Injury,
or Violence, done to the King's Royal Perfon.
2. 4 That there be no Change of Government
other than has been thefe three Years paft.
3. 4 That the King's Pofterity be in no ways
prejudiced in their lawful Succeflion to the Crown
and Government of thefe Kingdoms.'
The Queftion being put, That thefe Votes, now
cxprefb'd, be fen t in a Letter to the Kingdom of
Scotland, it was refolved in the Affirmative.
Then the Defires of the Scots Parliament being
read a fecond Time, they were agreed to with the
following Additions, v iz.
To
286 The Parliamentary HISTORY
An. a* Car. I. -fo the firft Claufc ofthe fecond Defire, « That
v * * ' j « when the King's Houfe comes to be fettled, their
January. * Lordfhips will do that which (hall be thought
4 fit, Regard being had to this Defire of the Far-
Mi?, men t of Scotland.'
To the fecond Claufe of the fecond Defire,
* That when any Committees or Commiffioners
* from the Kingdom of Scotland have Occafion to
* addrefs themfelves to the King, they do firft give
* Notice thereof to the Committee or Commif-
' fioners of the Parliament of England.'
To the fourth Defire, * That the Lords had
' been, and will be, ready to make good the Trea-
' ty between the two Kingdoms, and to confer with
* any Committee that the Scots Parliament {hall
' authorize concerninghte Particulars.'
Then it was refolved, ' That the Papers read
this Day, with the Votes of this Houfe thereupon,
be communicated to the Commons at a Confe-
rence, and their Concurrence defired therein/
which being done accordingly,
Jan. 26. The Earl of Mancbefter reported,
That the Committee were of Opinion, That the
Expreflions in the Letter, Declaration and De-
fires of the Parliament of Scotland^ was fuch a
Teftimony of the Fidelity of that Kingdom to this,
that the like was never given by any Kingdom
to another; and that they had framed the follow-
ing Letter to be fent to the Parliament of Scotland:
This being read, wras agreed to, ordered to be
fign'd by the Speakers of both Houfes, and fent
forthwith to Edinburgh by Sir Peter Killegrew.
To the Right Honourable the LORDS and to the
COMMISSIONERS for SHIRES and BOROUGHS,
ajjembledin the Parliament of Scotland.
Right Honourable, Jan. 27, 1646.
And an Anfwer * A Letter from your Lordlhips, dated at Edin-
fcnt to the Scots « JuL burgb the 1 6th Inftant, and the Papers
< therewith fent having been communicated to both
« Houfes
of E N G L A N D. 287
1 Houfes of the Parliament of England, we are An. n Car, f-
* commanded to return this Anfwer : '— -^ '--*
4 They do allure their Brethren of Scotland, January.
* that nothing needs to be faid unto them for re-
4 moving any Jealoufies out of their Hearts, or
4 for ftrengthening that Confidence which they
« have in the Affections of that Nation : And they
* do prefume that the Proceedings of the Houfes
4 of the Parliament of England, from the very Be-
4 ginning of thefe Troubles, are a fufficient Decla-
* ration of their Integrity,and of their conftant Af-
4 feclion to their Brethren of Scotland. And to
4 the Defires of the Kingdom of Scotland they do
« return thefe Anfwers :
4 To the firft, That when the King (hall be at
4 Holdenby, and the Scots Forces gone out of this
* Kingdom, both Houfes of Parliament (faving,
4 according to their former Declarations, the pe-
* culiar Rights of the Kingdom of England] will
* then appoint a Committee of theirs, to join with
* a Committee of the Kingdom of Scotland, to em-
* ploy their beft Endeavours to procure his Ma-
* jefty's Aflent to the Proportions agreed on by
* both Kingdoms and prefented to his Majefty at
* Newcajlle, and to the difpofmg of the Bifliops
4 Lands, according to the Ordinance already paf-
* fed both Houfes in that Behalf. And in cafe the
4 King fhall not give his Aflent thereunto, the
' Houfes however are ftill refolved firmly to con-
' tinueand maintain the happy Union between the
' two Kingdoms according to the Treaties and
* Covenant; and that according to the late Treaty
' between the Kingdoms, no Ceflation, nor any
' Pacification or Agreement for Peace whatfoever,
' (hall be made by either Kingdom, or the Armies
' of either Kingdom, without the mutual Advice
4 and Confent of both Kingdoms.
* To the fecond Defire, both Houfes c'o declare
* That it is not their Intention, by their appointing
4 of Perfons to wait upon the King in his Journey
* to Holdenby, to make a Settlement of any Perfons
4in
288 The Parliamentary HISTORY
. 2? Car. I. < }n any particular Places, nor to be any Prejudge
, * to any of the King's Servants that are of either
j4nuary. ' Nation, who have adhered to the Parliaments ;
' and that none (hall be debarred from having Ac-
* cefs to his Majefty who have \Varrant from the
* Parliament of Scotland, or from the Committee
' of that Parliament thereunto authorized, except
' fuch as are difabled by the Proportions agreed
* on by both Kingdoms.
c To the third Defire, The Coming of the
c King, according to the Votes of both Houfes
' of the Parliament of England, being agreeable
' to the Covenant and Treaties ; they do declare
' that, upon any Troubles that fhall arife to the
' Kingdom of Scotland for the fame, they will af-
4 fift them according to the faid Covenant and
' Treaties.
* To the fourth and laft Defire, both Houfes
* return Anfwer, That their Garrifons being deli-
' vered up, and the *\ots Army and Forces being
* marched out of this Kingdom, they will take
* this their Defire into fpeedy Confideration.
' This being all we have in Command, from
' the Houfes, we reft
Your affeftionate Friends and Servants, &c.
The fame day the Commons fent up a Mefiage
to the Lords to let them know that, in regard of
the many urgent Occafions of the Kingdom, they
intended to fit the next Day, though it was the Fail
Day ; and to dehre their Lordfliips would be plea-
fed to fit if they thought fit. Accordingly,
Jan. 27. Both Houfes met, apd, after ordering
Thanks to be given to their fever al Preachers for
the great Pains they had taken, the Earl of Man-
thejler preienteii the following Letters to the
Lords, all of them directed to him as Speaker
of thatHoufe; which were read. And firft
A LETTER
^ENGLAND. 289
? Letter from the Earl of PEMBROKE, Earl of An. »* Car. i.
DENBIGH, and Lord MONTAGUE, Commif- t **'_ ,-
/toners appointed to receive the Perfon of the January.
King from the Scots Army.
My Lord, Durham, "Jan. 22, 1646.
WE are now all together at Durham; fome A Series of LeN
of us got hither on Horfeback laft Night, ters from the
others, by reafon of the Length of the Journey fppS^e£_
?nd Foulnefs of the \Vays, not untill this Day. ceive the King
' At Nortbdllfrion-t where we all arrived late from the Sc' •»
the 20th of this Inftant January, we underftood, ^ommiffion?
by the Earl of Stamford, Mr. Goodwin, and Air. ers attending the
Ajhurft, that, by reafon of fome Difference in Payment and
reckoning the Days, whereof we fuppofe they ^"ge th"e*
have given you a full Account, the firfr. 100,000 /.
appointed to be paid by the Treaty, was not
then received, but was delivered to the Scots the
next Morning, which was done in our Prefencej
\vheieupon we computed that the Scots had ftill
ten Days to remoye their Quarters from this Side
the Tyne, and to quit the Garrifons of NaiicafiU
: and Ttnmouth ; and that probably they would
; not remove out of theit Quarters, which they
; poffefs all over the Bifhoprick of Durham and the
: confining Parts of jTork/hire, before the full Time
; affigned by the Treaty, according to their Com-
' putation, be expired ; which will be like to in-
' volve the Service wherein you have employ'd us,
1 concerning the Reception of the King's Perfon,
5 in greater Difficulties and more Inconveniences
1 than were expected ; whilft, upon the account
' of the Houfes, we hoped the Scots Army (hould
1 have removed on the North Side Tyne, and the
' Garrifon of Ncwcajile have been delivered by the
c 1 5th of this Inftant January: But we {hall faith-
4 fully endeavour to difcharge the Trull you have
* repofed in us in this weighty Affair, according to
* our Inftruclions, intending to be at NewcaJJle
* To-morrow Morning; and fo we remain
Your Lordjhip's humble Servants,
PEMnnoKE and MONT- B. DENBIGH,
GOMERY, ED. MONTAGUE.
VOL. XV. T A Letter
290 'The Parliamentary HISTORY
An. ^^ Car. I* A Letter from the Earl of STAMFORD, cne of
r*46' ike CommiJJiwers appsi-itcd to attend the Pay-
January! ment an<^ MQrck °f ^e Scots Army.
Northallerton, Jan. 21, 1646.
May it pleofe your Lordjhip,
' 1 Came to York the i3th Day of January, where
'II found the Money in Telling, and did en-
' deavour to haften that Work ; but could not pre-
' vail to get it told before Saturday Morning the
' i6th, (the Scots Deputy-Treafurers not account-
' ing Sunday one of the twelve) although I did infift
' upon it, that, according to the Articles of Agree- ,,
' ment, it fhould have been difpatched the Night
' before.
' The Money and Convoy did march upon Sa-
* turday, and I was with it at Topdiffic on Monday
1 by Twelve of the Clock, expecting the Scots
4 Hoftages. At Night they came, their Names
* are Sir William Ker, Sir Arthur Forbes, Sir James
1 V/oid, Robert Douglas, Efq j Alexander Stra-
* win, Efq ; and Col. IVelden. They had in their
* Company twenty-one Perfons and twenty -fevea
* Horfes, to whom we do give the beft Entertain-
' ment this Country will afford ; it being rcfolved,
' by Major-General Skippon and the reft of the
' Officers, that it was very fit they fhould be en-
' te. tamed upon the Charge of this Kingdom.
4 We had certain Intelligence the Scots would
* fetch their Money but with a fmall Convoy ; and
* we agreeing that they fliould be no nearer than
4 within two Miles of this Place, did come with
* the Money and Hoftages to this Town upon
' T^:fday Night ; expecting, according to our for-
4 r.'.rr Signification to the Scois General, it fhould
* have bcea received upon IVedncfday, which we
* affirmed was the laft Day limited by the Articles
* for the firft Payment j but the Deputy-Treafurers
' of the Scots Army, building upon their former
« Mift.xlce, would not receive their Money till
• ' I7)urfday Morning j when it was received by
« Mr,
of E N G L A N D. 291
Mr. Jibn Drummondi one of the Deputy-Trea- An. 22 Car. r-
furers to Sir Alexander H.c+>bnrne. Major-Ge- t l6,46'-. *
neral Skippon did convoy it with two Troops of j^u^y, i
Horfeand 300 i''oot two Miles beyond this Town,
where a flight Guard of aboiu 14 Scots Horfe met
it, and our General return'd back to our Quar-
ters.
' We have alfo, according to our Inftru&ions,
made two Difpatchcs to the S:6ts General, de-
firing him to give Order to the Army not to levy
any Money, or take any Thing from the Coun-
try but what they pay for ; and that they would
haften the drawing their Forces Northward, and
appoint a fet Time for the marching of their
Forces over Tyne, and furrendering of the Gar-
rifons on this Side the River. We daily expec-t
his Anfwer, wherewith, as there fhallbeOcca-
fion, I (hall acquaint your Lordfhip, and to all
your Commands yield ready Obedience as be-
cometh
Your Lord/hip's mo/l bumble Servant, t
STAMFORD.
P. S. * I cannot omit to let your Lordfhip know
* the Care and Diligence of Major-General Skip-
c pan and Colonel- General Point-z, in all Things
* that concern the Military Part.'
A Letter from Alderman GIBBS of London
and Mr. NOEL, Tr 6 a furers for the Scots Money.
Northallerton, Jan. 21, 1646.
Ri^bt Honourable,
' \1t7E being hindered from telling any M^ney
« V ? on Friday laft, through the coafhnt re-
' fufing of Mr. Alkman^ the Scots A^cnt, to tell
' any from us that Day, did, on Saturday in the
* Forenoon, fmifli that Work, and murch'd the
' Carriages about eight Miles ; and ttie next Day
* they attained Topclffi. where they reded all
T 2 ' Mm-
292 *£he Parliamentary HISTORY
An. ?i Cr.r. I.{ Monday ', ftaying for the S«fr Hoftages, who did
'_6->6- ^ ' not come tii! that Night. The next Day we came
fanua ""• ' to Nortbaiiertov, having wrote to Lieutcmnt-Ge-
c neral David LeJJey. and fignified our Defire to
' have Sir A.<.a,,i Hepburnerot one of his Deputies,
' as mentioned in une Articles, to meet us there
* to receive the Money, and give us an Acquit-
' tance. On Tuefday Night late Mr. John Dmm-
' mond came to Town, and on Wednesday IVjorn-
* ing, fo foon as we heard of him, we wrote a Let-
' ter to acquaint him with our Readinds to pay the
* Money that Day, and {hewed the Acquit-
' tance that we had prepared. The Honourable
' Ccmmiffioners of Parliament likewife wrote to
* him to that Purpcfe ; and he being come to them,
' both they and we offered our Readinefs to pay
' the Money, and take the Acquittance thot Day ;
' but nothing we could fay could perfuade him to
' receive it till the next Morning, beino; this pre-
* fcnt Day, in which we have paid to himthefirft
' Payment mentioned in the laid Articles; and
- received his Acquittance in the Prefcnce of
* the Right Honourable the Earl of Pembroke and
' others of the Honourable Commiifioncrs of Par-
' liament, and it is marched towards Newctrftle.
' We have the other ioo,oco/. fafehere, and wait
'for the coming on of the other Dav-, exprc-flcd in
' the Agreement, fcr perfecting the Work ; whcre-
* in, by God's Afiiftance, there ihall be all Diligence
* ?nd 'Faithfulnefs ufed according to the beft Abi-
* lities of
Tour Honour's bunible Servants^
WILLIAM GIBBS,
THOMAS NOELL.
February. This Month begins with another
, cf Letters from the North, addrefled to the
cr of theHoufc of Peers, which we give from
. Jcurxals. An.
A Letter
^ENGLAND. 293
A Letter from the COMMITTEE appointed to ;v- A"- -1 Car. I.
ceive the Perfon of the King from the Scots Anr.y. t *^ '___,*
My Lord, February.
« \T7E came lo Nevucajlle on Saturday, and
« W on Monday we fent to the King, th; t
« he would be pleafed to appoint when we (hould
' wait on him, who affigned us this Day between
4 nine and ten in the Morning; at which Time
* my Lord of Pembroke fignified to his Majefty
« what we had in Command from the Parliament ;
« whereupon the King f«iid, // was a Bujimfs of
« great Concernment, and that it would take Jome
' Time to give us an Anfwer, for be bad Quteries
< to make ; and, a little before we took our Leave,
* he faid, He would fend for us To~ morrow or on
« Thurfday.
' We likewife, this Morning, according to our
' Inftruclions, fignified our Arrival to the Scott
* CommifHoners and General, who have as yet
* given us no Anlvver. We (hall fpeedily give
' your Lordfhips a farther Account, and, upon all
' Occafions, endeavour to approve ourfelves,
My Lord,
Kewcaflle Jan. 26. Your Lordjhips humUe Servants,
PEMBROKE and
MONTGOMERY,
B. DE.NBIGH,
ED. MONTAGUE,
Another Letter from the fame.
My Lord,
' \\/E have already given an Account, that
* *• upon Tucfday laft we fignified to the
' King, the Scots Commiffioners and rhe General,
' that we were come, by Command of both Houies
* of Parliament, to receive his M::j; "y's Perfon.
' Yeflerday we kept the Faft, and his Mnjefty fent
* to L-t us know, that in that Regard to defer his
T 3 Anfwer
294
February.
Tie Parliamentary HISTORY
c Anfwer imtill Thurfday. This Morning we re-
' ceivcd Commands to attend him at four o'Clock
4 in the Afternoon, which we did accordingly :
4 And, after fome general Conferences, the King
' was pler.fed to propound fome Queftions, th£
' Subftance whereof, and of our Anfwers, which
6 were both by Word of Mouth, are as follow :
Firft, c His Majefty ;ifk< (J, Whether we had Power
* to place or aiff'lace his Servants ; and what Ser-
( vants heuas to have placed about him?
' \Ve anfwer'd," TheBoufeshad appointed fome
*c to attend him in his Journey to Hcldcnby^ a Lift
" of whofe Names wefhould prcfent unto him. "
Secondly ' Whether thofe which are now Ser-
* I'ar.ts^ might not go with him, altho1 not wait up-
* an him?
' Weanfwered, " That if his Majefty would give
*' us the Names of fuch as he de fired {hould go
" with him in that Condition, we would then ac-
'* quaint his Majefty whether they might or not,
" according to our Inflections. "
Thirdly, ' I'JShetker be might not fpeak to us fe-
< verallyl
' We anfwered, " That if his Majefty fpake
" ary thing of Moment, we were to acquaint the
*' Committee with it, without which we could
*' not dik harge our Truft."
Fourthly, * Whether he was to appoint the Time
' cf his going?
'f We anfwered, tc That we defired his Majefty
" would ?ppoint a Time; but unlefs it were a
" fhort Time it v ouid not confift with our In-
" firuclions, by v-liich \ve \vere commanded to at-
61 tend him with all convenient Speed to Holder by. ^
* Whereupon his Majcfty did declare, That he
would go with us to Holdenby, and nominated
Monday or Tiufc'ay to be,: in hisjournty; but
being told by fome of 1 is Servants, that he could
net be accorrmocated vith NecefTrrics by that
Time, he appointed I' cdrefday, \\ hereunto we
agreed ; and (hall at thr.t Tirr.e be ;c. d\ to wait
upcn him according unto our Ipfiru6ticDS.
« We
of E N G L A N D. 295
« We defire that the Committee of the Revenue An- ^ Car. r
do take Care and give Order that Hsldenby - .' ioufe , ^__j
be repaired and fitted for the Reception of the February.
King, and Provifion made of all Neceflknes fit-
ting for the King in his Journey, and when he
is come to Holdenby, according to your own Or-
der s fo we remain,
My Lord,
Tour Lordjhip's humble Servants,
?'* PEMBROKE and
MON FGOMERY,
B. DENBIGH,
ED. MONTAGUE.
A Letter from Mjaor-General SKIPPON.
My Lord,
Tuefday laft Hartlepool and Stockton were
quitted by the Scots, and poffefled by our
1 Forces. The Remainder of the fecond 100 OCO/.
* Heth this Night at Yarm; and my Regiment, with
' Sir Robert Pye's, are to guard the fame. Colo-
* nel Lilburn's and Colonel Hardrefs Waller's Re-
' giments quarter here this Night ; and the reft
' of our Forces are as near about us as they
can be, without mixing with the Scots Horfe,
which are not as yet on the North Side Tyne,
' but will be To-morrow ; and on Saturday (as
4 General Lejley, who is here, told me this Evcn-
4 ing) they will be all on the North Side Tyne. We
* had hoped, as their General fent us Word, they
' would have been this Night fo far Northward of
' Durham, that we (hould, on Saturday next have
4 received Newcajlle and Tinmouth Caftle from
them, for which we are in as much Readinefs as
* poflible can be; but I doubt it will be fo late on
' Saturday before they all pafs Tyne, that it will
* be Sunday, ere we can receive thofe Garrifons.
' This I thought fit, as in Duty I am bound, to
' acquaint this Honourable Houfe with ; and to
T 4 « allure
296 The Parliamentary HISTORY
affure your Lorufhips, that, bv the Help of Go^»
nothing (ha',1 bj wanting in me for the Further-
February ance of this great Public Service in hand ; and
that I am in this, and upon all other Oecafions,
to the utmoft of my Power, by the fame Affift-
ance, molt ready to manifeft myfelf
Your Lord/hip's meft humble
and faithful Servant,
PH. S K I P P ON,
Durbar,, 'Tan. 2S,
1646.
H at Night.
Another Letter from the lajl mentioned COM MI s-
SIONF.RS.
My Lord, Newcajlle, Jan. 30, 1646.
' "\\/E have already given your Lordfhips an
' W Account of what the Earl of Pembroke
' faidto the King at our firft waiting on him ; and
* in our laft, of the 28th Inftant, of the King's
' Queftions and our Anfvvers, which were deli-
f vered by the Earl of Denbigh this Day.
'As foon as the Scots Horfe, under the Com-
' niand of Lieutenant-General LeJIey, had march-
' ed through this Town, there came to us the
« Scots Commiflioners and the General. The
? Earl of Lothian then acquainted us, that they
' had taken their Leave of his Majcfty, and had
* delivered to him a Declaration from the Kingdom
' of Scotland^ a Copy whereof was alfo delivered
'to us by his Lordfhip, which we fend you here
* enclofed (d)-y whereupon we immediately attended
6 the King ; and prefentjy after the Scots Guard
' about the Court were relieved by the Englijh^
? without Noife or Disturbance ; and about the
' fame Time the Keys of Nfivcaftle were deli-
' verc-d to Major-Gejieral Skippin. The Com-
' miffioncrs of Scotland and the General have pro-
' ceeded with that Honour and Candour in the
f managing of this Affair, that we fhould neither
« do
(<fl The Declaration of the Sects Parliament, givire thrir Confent
jp the Kir.g's being removed to liddcr.bj, which fte *: iji^e p. iSi.
of E N G L A N D. 297
« do them nor ourfelves Right, if we did not reprc- -An. a2 car.
< fent it unto you. We are, .. '6.4''..
February.
Lord/hip's humble Servants,
PEMBROKE and
MONTGOMERY,
B. DENBIGH,
ED. MONTAGUE.
From Major General S K i P P o N.
Newcajlle, Jan. 30, 1646,
'
nr HIS Day, thro' God's Goodnefs, about
•* Three of the Clock in the Afternoon,
Newcajlle and all the Works belonging thereto,
were, by our Brethren the Scots, delivered into
our Hands, and all their Forces marched out,
and we are in full PofTeffion thereof; and I hope,
by God's further Blefling, all Things will pro-
ceed fairly on to a happy Conclufion in this great
Bufinefs. I only thought- it my Duty at prefent,
with all Speed, to advertife your Right Honour-
able Houfe of this, as I (hall, God willing, in
any Thing worthy the writing of; and in all
Things elfe I fhall endeavour to manifeft myfelf
Tour Lord/hip's mo/1 faithful Servant,
PH. SKIPPON.
P. S. I hear, by others, that the Scots have
quitted the Caftle of Tinmouth alfo; but as yet
1 have received no Exprefs thereof from him I
appointed to receive the fame. The Ccmmif-
fioners of Parliament have alfo received the Per-
fon of the King, who is To-day carefully at-
tended.
' This Bearer, General- Adjutant Fleming, is a
very well-deferving Man; teftifyed by yourLord-
fhip's true-hearted Servant,
PH. SKIPPON.
Another
An. t •> Car. I.
164.6.
February.
The Parliamentary HISTORY
.Another from Major-General SKIPPON.
Ncwcnflle, Jan. %j
My Lord, Six in the M"> .
ICan affure you I have received an Exprefs
from hi-n whom I commanded to receive the
Caftle of Tinmouthj tha. the "ame wa^ <j-.! - :!y
and fairly delivered into rur PofTeflion iboia Sue
laft Night; and I doubt not, thro' ihe Bleffing
of God, but as Things have happily fucceeded
hitherto between our Brethren and us, io there
will be fuch ?n IfTue of the fame as \vill be to the
Good of both Kingdoms.
' As further Occurrances {hall happen in thefe
Parts, they (hall, with all Speed, be certified to
your Lordfhips, by
Your Lord/hips faithful and humble Servant,
PH. SKIPPON.
A Letter from the COMMISSIONERS appointed to
attend the Payment and March of the Scots
Army.
My Lord, Newcajlle^ Jan. 31, 1646.
UPON Monday the 25th Inftant, all the
Scots Forces did quit Yorkjkire, and upon
Tuefday following, the 26th, we had PofTeffion
of Hartlepool and Stockton. Upon Saturday the
3Oth, betwixt two and Three o'Clock in the Af-
ternoon, we had Pofleflion of Newcajlle; and
although it was late before it was delivered, the
Scots Forces not paffing over Tyne fo foon as we
had Reafon to expect, yet the General of the
Scots Army did deal very clearly and freely, and
did not ftand upon any Thina; that might hinder,
but was forward to do all Things for the fpeedy
Delivery of it. His Lordftiip was gone out of
Town before we entered, after the 500 Men
that were firft to march into it: but left Order
to have our Hoftages delivered at the late Go-
' vernor's
of E N G L A N D. 299
vernor's Houfe, which we performed according- AP> *2 Cu-
ly ; and did tender unto the Earl of Lothian, .. _'.
Sir James Lumfden, and fome others of the Februaiy.
Lords Commiflioners for Scotland, our Hoftages,
viz. Sir Edward Lvftus, [Vifcount Ely~\ Sir Rich-
ard Erie, Sir Lionel Tolmache, Sir Ralph Hare,
Mr. Delaval, and Mr. Mildmay. They did take
Mr. Delaval' s Word, that he and the reft of our
Hoftages fliould go to the Scos General ; which
he did undertake, and took them all to his Houfe
that Night. We have likewife Pofleffipn of Tin-
mouth Caftle, Shields, and the reft of the Forts.
I fliall only add that, according to your Lord-
fliip's Commands, we did prefs that the Scots
Army fliould pay for what they did take from the
Country, as doth appear by our Letters, Copies
whereof are enclofed. And I held it my Duty
to acquaint your Lordftiips with the feveral An-
fwers from the Scots General, Copies whereof
are likewife enclofed. I fl)alj expect your Lord-
fliip's further Directions, which fliall be faithfully
obferved by,
My Lord,
Tour Lordjhip's humble Servant,
STAMFORD.
P. S. c Major-General Sklppon, and all the
Forces and Soldiers, have taken great Pains and
Care, and have had a long and tedious March,
which they performed with great Chearfulnefs.
I doubt not but your Lordftiip will take them
into ferious Confederation, feeing the Shoes,
Stockings, and Cloths of both Horfe and Foot
are exceedingly worn out.
* Befides the Hoftages that we have delivered,
Sir William Selby did attend at Durham, above
a Week, about that Service; but becaufe the
Scots Army is to march towards the Place of his
Dwelling, and his Prefence at home might be
ufeful to him, we did, with his own Confent,
excufe him.' The
«~- o *The Parliamentary H r "s T o R y
"-r, j. T'^e Letters, &c. mentioned to be inclofed in
the foregoing.
And firft, that from the Commiflioners to the
Earl of Leu en.
York, Jan. 17,1646.
May it pie af e your Excellency,
* \T7 E lately received the inclofed Petition
' ** from the Hands of Major-General Skip-
' pan, who had it from the Juftices of the Peace
4 of this Country ; and having in Charge from |
« both Houfes of Parliament, to fee that no Mo- |
* ney nor Provision (houlf- be taken by r.ny of your/a
' Army af'er the Payment ot the hi t 100,000 /. 1
* as wa: refolved on b-' bo'h Houfes ; and being \
'. aiTured that your Lordlhips did permit it to your I
' EoLicr? or'v in cafe of Neceflity, which we hope }
* will ' ° (ui j.-iicd by their Receipt of the firft Pay- 1
' ment ; we do therefore earneftly prefs that your
* Exdclleacy would take the Petition into Con-
* fideration, fo that no Money or Provifion may
' be taken hy vvay of Anticipation; wherein we
' doubt not but your Excellency will give prefent
* Order, which will tend much to a friendly and
* brotherly Parting, and will be a great Satisfac-
' tion to both Houfes of Parliament, and to
Your Excellency's humble Servants,
STAMFORD,
ROB*. GOODWIN,
Wn. ASHURST.
The Petition mentioned in the above Letter.
To the Worfmpful his MAJESTY'S JUSTICES
affembled in ScJJionfor the North-Riding.
The HUMBLE PETITION of the diftrejjed In-
habitants of Cleveland, /'« Yorkfhire,
Sbweth,
« np HAT a Part of the faid Wapontake hath,
6 1 for thefe eight Months laft paft, or there -
« abcuts, paid to the Scots Army ^ooo/. per Menf-
of E N G L A N D. 3or
< fern and upwards, in Money and Provisions ; An. 22 Car. i,
* whereby they are fo extremely impoveriflied, that 1646.
* fome of them have neither Oxen left to till their s \r—J
« Ground, nor Seed tofowthe fame withall; that
* yet notwithftanding the faid Army (hew them-
* felves fo uncompaflionate of their faid Mifery,
' that they, or moft of them, do demand, upon
* Penalty of our Lives, a Month's Pay before hand
* towards their Advance; which is a Thing alto-
' gether impoflible for your Petitioners to perform,
' though it lie upon their Lives.
« The former Premises confidered, their hum-
< ble Defire therefore is, That you will be pleafed,
' in Confideration of their deplorable Eftate and
' wafted Condition, to mediate with fome Perfons
' of Honour, that the Scots Army may not levy any
c more Advance-Money: but to give fuch ftricSt
' Order as that the poor Country be not further
' charged than it hath been formerly.
And your Petitioners Jhall ever pray ^ &c.
"The ORDER of SeJJlons thereupon.
Ad General. Sejfion. Pads tent, apud Helmfley, dtio-
decimo Die Januarii, Anno Regni Caroli, &c. 22,
coram Roberto Berwick, Milit. Georgio Mar-
wood, Richardo Errington, Ifaaco Norton, Arm.
'Juftic. ditt. Domini Regis ad Pacem, &c.
(^EORGE MARWOOD, Efq; one of his
^ Majcfty's Juftices of the Peace of the faid
North-Riding, is defired by the Court to repre-
fent to Major-General Skippon the humble De-
fire of the Inhabitants of Cleveland; and to be an
humble Suitor to him on Behalf of this Court,
that he will be pleafed to afford them his Aflift-
ance and Mediation, as he (hall conceive moft
conducing to the Relief of this poor exhaufted
Country.'
HOLBORNE.
Another
302
*The Parliamentary H I s T OR Y
An. 22 Car. I. Another from the lajl-menthned COMMISSIONERS7
to the Earl J
February.
Northatierton, Jan. 21, 1646.
/V pleafeyour Excellency,
came to Northallerton with the Money
upon Tuefuay Night lad, and were ready
to make the lint Payment upon Wedr.efday, ac-
cording to our former Letter unto you; L >:,
being the laft Day limited by the A ci '• s of
Agreement, at v. hi ~h Time we did make Ten-]
der of it to your Deputy-Treafurera here ; but :
they would not receive it untill this Day. And
now the Money being paiJ, we muft acquaint
your Lordfhip that we have in Charge from
boch Houfes of Parliament to take Care that,
after the Payment of the firft ioc,coc/. your
Army may not require or take any Money or
Goods from the Country whstfoever; but that
they fhall pay for all fuch Provifions or other
Things as they fhall receive: Therefore we do
defire your Lordfhip to give prefent and ftri<9:
Orders to all the Officers and Soldiers under your
Excellency's Command, that they do not levy
any more Money, or take any Provifions from
the Country, but fuch as they fhall pay for;
which we the more earneftly prefs, becaufe the
Complaints that came to us are many and loud;
a true Copy of fome of them we have here in-
clofed fent your Lordfhip, wherein we are con-
fident you will give fpeedy Relief.
* We further drfire the Favour of your Lordfhip
to appoint us a Day when we fhall receive the
Garrifons of Stockton and Hartlepool^ and when
your Forces fhall be drawn to the North Side
and Northward of the River Tyne; becaufe we
cannot, by the Articles of Agreement, march
with the fecond 100,000 /. over the Tees till that
Time; and fo confequently notftir with it from
hence, there being no Place able to receive the
I ' Monies
of E N G L A N D. 303
Monies and Convoy nearer than Darlington^ An. ^^ Car. I.
which is on the North of Tees. t l6*6' _M
' We have formerly made known to your Lord- February,
{hip, that we have it in Charge that there be no
mixing of Quarters, to avoid all Unkindnefs be-
twixt the Forces of both Kingdoms : Therefore
we doubt not but your Lordfhip will order the
timely drawing off your Forces, that the Garri-
fons may be received, our Forces march on, and
the Monies come to Newca/lle in due Time.
We have had fo much Experience of your Lord-
{hip's great Affe&ion to the Good and Peace of
both Kingdoms, that we are confident a fatisfac-
tory Anfwer in all thefe Particulars (hall be gi-
ven to
Tour Excellency's humble Servants^
STAMFORD,
ROBt. GOODWIN,
Wm. ASHURST-
The Earl o/LEVEN's Anfwer.
For the Right Hon. the Earl ofSr AMF ORD, and the
remanent COMMISSIONERS at Northallerton.
Newcaftle, "Jan. 23, 1646.
Right Honourable^
YOurs of the 2 1 ft came to my Hands this
Afternoon. I have given ftrict Orders to
all thole under my Command, that they (hall take
no Money, by Advance, after their Removal from
their Quarters, the Copy whereof was fent to you.
The Complaint, mentioned to be inclofed in your
Letter, did not come to my Hands; and when
any fti.il 1 come worthy of Cenfure, it (hall be exa-
mined into, and the Perfons punifhed according
to their Fault. I have already given OrHers to
the Governors of Stockton and Hartlepool^ to quit
thofe Garrifons on Monday or Tutjday next; fo
that thole Governors will be d her ready to
deliver the Garrifons, or you will find them emp-
ty of our Soldiers.
I gave
February.
The Parliamentary HISTORY
' I gave Order to the Lieutenant-General of
Horfe to march to this Side of Tees^ conform to
the Treaty. This Gurrifon of Newcaflle, and the
Garrifon of Tinmsuth Caftle, will remove oh Sa-
turday next the penult of this Month, and all the
Forces under my Command will be on the North
Side Tyne that Day. And howbcit there be fix
Days allowed, after the rendering the Garrifons,
for the Delivery of the fecond ico,ooc/. yet the
Committee here, as well as inyfelf, conceive it
will be a great Burden to the County of Northum-
berland^ that our whole Army fhould be in thefe
Parts untill the fix Days be part; and therefore
we are content that you make all the Hafte you
can to deliver the fecond 1 00,000 /. and, if you
pleafe, we fhall receive it upon thefirft, fecond,
or third Day of February, at the Place appoint-
ed. This is all I can fay for the prefent, and
remain
Your Lord/kip's bumble Servant^
L E V EN,
The COMMISSIONERS Reply.
May it pleafe your Excellency,
1 \T?E have received yours of the 23d Inftant,
' W and cannot but approve, and thankfully
« acknowledge, your Readinefs therein exprefled
6 to deliver up Neivcajlle and the Caftle of cTin-
< mouth on Saturday next; as alfo your De-fire to
* receive the Money the firft, fecond, orthird Day
« of February, that fo you may not burden the
' Country, by lying any longer in it than is of Ne-
« ceflity: A'.l which we have confidered, and ac-
« quainted Major-General Skippon therewith ; and
' \v, together with him, are very ready to an-
« f\er y~>ur Propofiticns in both; but unlefs theif
<• QiUrters be removed, \vhercwitn we have in
« cii T^e not tc5 mingle, that we may march with
* ( ur F-'-ces, and quarter ncrr Kewcajlle on Fri-
'.-, • '-\< ,(-.Cj it \vili not be poifible for us to obferve
« our
ef E N G L A N D. 305
, o\ir Inftru&ions and the Articles of Agreement, An- " Car<
* and receive the Town of Newcajlle as is propo- . ' * '
* fed by your Lordfhip ; therefore we make it our February.
* earned Requeft to your Excellency to remove
* your Forces out of Durham, Northward, on
' Thurfday, that we may quarter there ; and on
''Friday to draw oft all your Forces to the North
* of Tyne, that our Forces may quarter near New-
* cajlle on Friday ; and that we have Notice of
' your being on the North Side of Tyne accordingly,
* fo that our Forces may quarter near to New-
* cajlle. We fliall then draw the Money to the
' North of Tees and march it forward to Newcajlle^
* while our Forces are receiving the Town and
* Garrifons, according to the Articles ; which
* Rendition we defire may be done timely on Sa-
* iitrday, and fo the Expedition exprefTed by your
' Excellency, and willingly embraced by us, may
* be accompliflied ; artd then we doubt not but to
* pay the Money on the firft, fecond, or third of
* February , that the Country may be eafed ; which,
' together with yours, is our moft earneft Defire.
' And further we befeech your Excellency to
* give us Leave (as we have in Charge) to renew
* 'our Defires, that your Lordftiip would give pre-
* fent Order that your Army, having now recei-
* ved the firft ioo,ooo/. may pay for whatfoever
* they take of the Country. By all which we
* hope there will be a happy Conclufiort, to the
* Glory of God and the Peace and Tranquillity of
* thefe Kingdoms, anfwerable to the Defires of,
My Lord,
JVVfii/.Vr/jff,
«».i5, 1646. iwr Lordjhtp J humble Servants,
STAMFORD.
ROB. GOODWIN.
W». ASHURST.
P. S. * We fend your Excellency the Com-
* plaints we mentioned in our Letter, which were
* omitted by our Secretary/
VOL. XV, U <nt
I
306 The Parliamentary HISTORY
An. a* Car. I. <fhe Earl of LE YEN'S Anfwer to the foregoing.
' February. Newcajlle, Jan. 26, 1646,
Right Honourable,
Received your Lordfliip's Letter, defiring our
Quarters to be removed, that you may march
' with your Forces near Ne-wcajlle on Friday,
' wherein I (hall be moft willing and ready to give
« your Lordfhip all the Satisfaction which can be
' expected from one who wifheth an happy and
' fpeedy Clofe of the Bufmefs ; having accordingly
' given Orders to the Forces on South Side Tyne^
' fo to order and haften their March, that thofe
« Parts being^ cleared of them, your Forces may
« repair to Durham and Gatefide againft the Time
' defired ; and that the Garrifons of Newcajlle and
' Tynmoutb Caftle may be delivered againft the
' Time limited by the Articles of Agreement.
* There (hall be no Lofs of Time on our Part,
* but all Care and Diligence ufed to prevent the
' Time, if it could be poffible, in the Rendition
* of your Garrifons and marching of our Forces,
' which {hall be all, both Horfe and Foot, on this
' Side Tyne on Friday next, the iQth Inftant.
' And whereas your Lordfhip renews your De-
* fires that the Army may pay for whatsoever
* they take in the Country ; as I did, by former
« Orders, ftriclly prohibit the levying any Cefles
4 after the Removal of the Army from the gene-
' ral Quarters, and the Demanding of Money by
* way of Advance, fo fhall fpecial Care be had
c that nothing be taken but neceflary Entertain-
* ment for fubfifting on the March untill the Mo-
* ney be diflributed ; and no Caufe of Offence be
* given, but a fair and friendly Part obferved, to
* the maintaining and ftrengthening of the happy
* Union between the Kingdoms, which is the
' conftant Dcfire o£
Your bumble Servant,
L E V E N.
tf E N G L A N D. 307
Feb. 2. This Day was read a Letter from the An.
Scots Commiflioners redding in London, relating to
the Report of the King's intended Efcape, and February
the Charge againft the Scots General, &c. of being
privy thereto.
For the Right Hon. the SPEAKER of the Houfe of
PEERS pro Tempore, to be communicated to
both Houfis of Parliament.
jyorcefter-Houfe, Feb. I, 1646.
Right Honourable^
4 \TfE having received from the Committee Letter* and Exa-
«• W of both Houfes the Examination of To- minations vm&-
« bias Peaker, with fome other Papers, forthwith "oXe^hwg'e
« fent the fame to the Committee of the Parliament of affifting in the
* of Scotland at Newcaftle ; who, having taken the King's intended
4 Bufmefs into their ferious Confideration, as highly Ecapc*
1 reflecting upon our Armies in the North of this
4 Kingdom and Ireland, and upon fome Perfons of
' known Integrity ; having alfo fpent two Days in
« the Examination thereof and of fuch Perfons as
' they had the Conveniency to examine upon the
* Place, have returned unto us the inclofed Papers to
« be communicated, to the Honourable Houfes with
8 their own Letter. By all whi$h it may appear
« how little Credit is to be given to the Informa-
* tions of Tobias Peaker, who is alfo contradicted
' by the Earl of Leven in that Particular which
* concern'd his Excellency; whofe Declaration,
« we truft, will weigh very much with the Honour-
« able Houfes, and that no Jealoufies (ball be en-
* tcrtained after fuch real Teftimonies of our Ar-
* my's Faithfulnefs to the Nation, and their fiiend-
* ly Parting. We are
Tour Lordjhips mo/J humble Servants,
CHA. ERSKINE.
HUGH KENNEDY.
RO. BARCLAY.
U 2 The
*lhc Parliamentary HISTORY
Letter from the SCOTS COMMISSIONERS at
Newcaftle, addre/ed to both Houfes, with the
February, Papers referred to in the foregoing.
Jan. 22, 1646-7.
Right Honourable ',
' r 1 Aving feen the Examination of one Tobias
* £71 Peaker, which, by your Order, was com-
< fhunicated to our Comtniflioners at London, and
« their Paper of the 1 2th of this Month, given in
« to both Houfes, we found it neceflary, for the
« clearing of a Bufinefs of fo great Confequence,
< which reflected fo much upon this Army, the
' Scots Army in Ireland, and feme Chief Officers
< of known Integrity, to make as exa& a Trial of
« the Bufmefs as we could + which we have done,
* and fent up the Examinations to our Commif-
* fioners, to be communicated to your Lordfliips.
* The Lord-General doth alfo declare to us, that
« he never did communicate any fuch Letter to
' Mr. Murray as is mentioned in the faid Pecker's
« Examination ; nor ever did tell Mr. Murray
' that he had any Letter in Ambufh for him.
* This Army hath given fo many undeniable
* Teftimonies of their fidelity to this Caufe, and
« conftant Affe&ion to the Parliament of England,
* and we find the Perfons, mentioned in the faid
* Peaker's Examination, fo innocent of the Things
« laid to their Charge, that we confidently expect
' that the Honourable Houfes will not give fuch
* Countenance to the Information of a Fellow,
« who, upon Examination, appears to be infamous,
* and a Thief j as, by proceeding in this Bufinefs,
' to feem to give Credit to his Information,
* which fo much afperfes this Army, whofe
* Integrity hath ever appeared, notwithstanding of
c any fuch falfe Informations ; efpecially at fuch a
' Time as this, when, after all their Aclions and
'Sufferings, they are now in marching home ac-
' cording to the Treaty ; which, God willing,
« flull be, on our Part, punctually perform'd :
« And
of ENGLAND.
' And as we have been careful in every Thing to
' give all juft Satisfa&ion to the Honourable Houfes,
' fo (hall we continue conftantly to (hew our DC- ^February,
* fires to keep and ftrengthen a good Correfpon-
* dency betwixt the Kingdoms, and to witneis
« that we are
Tour Lordjhlp* humble Servants^
LEVEN, R. FREEBAIRN,
LAUDERDALE, A.HEPBURN,
LOTHIAN, G. FAIRLAND,
BALCARRAS, M. GLENDINNINC.
EXAMINATION of Mr. LEVIT before the Right
Honourable the COMMITTEE refiding with the
Scots Army at Newcaftle.
Newcajlle, Jan. 21, 1646-7.
' ~T"*HIS Examinant faith, That he never deli-
' A vered 100 /. to Tobias Peaker , nor any o-
' ther Sum of Money; nor ever put any Money
' under Mr. Murray's. Bed, He adds, That he
'never fpoke with the Dutch Captain: That ne-
' ver any Difcourfe paft betwixt him and Peaker
' concerning the King's Intention to go away, or
4 his fitting up late the 25th of December: Butaf-
« firms, That the King went to Bed that Night at
' his ordinary Hour; and that he never knew or
* heard any Thing of the King's Intention to
' efcape : That he knew nothing of Peaker^ go-
* ing out of Town; but certainly underftood him
' to be difcontented ; and that Peaker had faid to
' him, Wai ever Man fo abufed as to be put out
* of his Place?*
WILL. LEVIT.
EXAMINATION of Sir ROBERT MURRAY,
^ "Jan. 21, 1646-7.
' "TpHIS Examinant faith, He never knew any
* X Letter fent by Mr. Murray to the Gover-
* nor at Hartlepoil, more than by the Report of
fobiaf Peaker' $ Information : That he fent
U 3 Peaker
3x0 ^he Parliamentary HISTORY
An. zz Car. I. « Peaker not long ago a Horfe, as, upon divers
t l6j6' , * Occafions, to others of Mr. Murray 's Servants;
Febni-rv ' ^ut ne neitner afked him, nor knew whither he
« was going : And that he had been with Mr.
' Murray at the Gate oftner than once; but nei-
* ther remembered the Time, nor that they ever had
' any particular Difcourfe. That he never fpoke
' with the Dutch Captain.
R.MURRAY.
EXAMINATION of CORNELIUS THECY, Captain
' of 'the Dutch Ship lying in the River Tyne.
Newcajile, Jan. 21, 1646-7.
« " I ' HIS Examinant fays, that he knows Mr.
4 1 William Murray ; but that he knows no
« Body by the Name of Tobias Peaker : That he
* never received any MefTagc from Mr. Murray,
' but that one Mr. Murray a(ked him, If he would
* carry a Gentleman1 to Holland that the King
* meant to fend ; and that his Anfwer was, He
* would willingly do fo, when his Ship was ready
' and the Wind ferved j but that Mr. Murray did,
* never infmuate to him any Thing of the King's
' going beyond Seas no more than the Child that
' was born Yefterday.
' That he further faith, He never received any
' Money from Mr. Murray^ nor from any other
4 in his Name : That on the 25th of December no
' Creature laid on board of his Ship, as fer.t front
* Mr. Murray i as he had formerly avouched to
* the Mayor of Newcajlle : And that no Man nor
' Woman in England ever afked him if he might
4 go to Sea, Night or Day, notwithftanding any
* Oppofition from Tynmcuth Cafllc ; nor did any
w ' Body elfe oft'er to fpeak to him fuch a Thing.'
CORNELIUS THECY.
EXAJ.IINATION of Mr. WILLIAM MURRAY.
Newcajile, Jan. 21, 1646-7.
c '"•""HIS Examinant fays, That he knows
* J. Tobias Peaker : He never fent him, nor
* any other, to bid the Captain of the Dutch Ship
* to
*f ENGLAND. 311
f to come to his Lodgings : That he never An. 2i Car.
' fent Tobias Peaker, nor any other, to deliver l6+6>
' TOO/, or any other Sum of Money, to the February.
' Dutch Captain ; and that he never gave him
' any himfelf ; nor Mr Levit^ nor no other by
* his Order: That he never heard any Difcourfe
' betwixt Tobias Peaker and Mr. Levit^ concern -
' ing the King's fitting up late on the 25th of
' December: That he once afked the Dutch Cap-
' tain, if he would tranfport a Gentleman whom
f the King intended to fend into Holland; and
' that the Captain's Anfwer was, He would, when
' he was ready and Wind ferved : That he neve*
* fpoke any Thing to Peaker of the King's Inten-
' tion to go beyond Seas : That he never fpoke to
' him of Ireland, or Montrofe fiding with the King :
' That he never told Tobyy Becaufe the Wind was
* out of the Way they muft feek another Courfe :
* That upon the King's Defire to know if there
* might be a Ship had to fend one beyond Seas, he
6 had fent Toby to Hartlepoole, with a Letter to the
* Governor, to enquire for one ; but that he knows
' not whom the King meant to fend in her : That
' the Earl of Leven never fpoke to him any Thin£
' of that Letter : That he never rebuked Toby for
* betraying the King or difcovering his Intentions,
' or any fuch Purpofe; but once in the Prefencc-
* Chamber he chid him for .net giving him an Ac-
' count of his Money, and not paying, according
' to his Directions, feveral Perfons confiderable
4 Sums of Money delivered to him for that Effect •
* That he r\ever fent Toby to the Dutch Ship ; nor
' ever defired the Captain, by him or any other, to
' victual his Ship : That he never fpoke to Toby one
* Word concerning any Regiments, Troops, or
' Perfons of the Scats Army {landing for the King :
' And that he never mentioned to him the Name of
* David LeJJey^ whom he had not feen for divers
' Years, till after Toby was gone away from New-
' caftle : That he had feen Sir Robert Murray A\-
* yers Times at the Sign of the Angd\ but never
U 4 'had
An'
February.
The Parliamentary HISTORY
* had any Difcourfe with him there to his Re-
* membrance.'
WILLIAM MURRAY.
Feb 3. The Lords took into Confideration the
Examination of Tobias Peaker^ and the Papers read
Yefterday from th~ Scots Commiffioners concern-
ing him'. They were ordered to be referred to a
Committee of that Houfe, who were to fend for
the faid Peaker and examine him, and report the
fame to the Lords : in the mean Time he was to
lie in Cuftody. Ordered alfo that thefe Papers be
communicated to the Houfe of Commons at a
Conference.
ALetter from the
Cornmiflloners
attending the
King, concerning
his Majefty's
writing in Cy-
phers to the
Breach Agent.
Feb. 8. This Day came more N ews from
cajlle, by Letters, &c. read in the Houfe of Peers,
and were in bacVerba:
To ike Right Hon. the Earl cf M ANC H E STE R,
Speaker to the Houfe of Peers pro Tempore.
Durham^ Feb. 3, 1646.
My Lord,
UPON Monday laft there fell out an Ac-
cident, whereof we think it very fit to
give you this Account : One Mr. Mungo Mur-
ray^ formerly his Majefty's Servant, but never in
Arms, was permitted by us to take his Leave of
the King in the Prefence-Chamber j and, being
called aude, had a Paper put into his Hand by his
Majefty ; which being obferved, upon Examina-
tion he denied it not, but willingly fuffered the
faid Paper to be taken out of his Pocket, where-
in were written fome Lines all in Cyphers, and
directed to be by him delivered to the French A-
gent. Hereupon, tho* by his own earneft Pro-
teftation, and by his Ingenuity in not denying it,
we had Reafon to believe he was furprizedby
the King ; and altho' we had no exprefs Power
of impriioning contained in our InftrucTiions, yet
for deterring others from the like Boldnefs, and
« fer
of ENGLAND.
' for preventing of Inconveniences, we thought An-
' fit to take upon us to commit him ; but the Earl v
' of Lothian giving a very good Teftimony of him, February,
f and undertaking for his Appearance at the Com-
? mand of the Parliament; and confldcring in all
* Jikelyhood he had no Foreknowledge of his Ma-
« jefty's Intentions, or any other Defign therein,
' we thought fit, after two Days Imprifonment, to
* relcafe him, upon Condition to render himfelf
* when and where you (hall appoint.
' The King came this Day from Newcaftle to
4 Durham, where he arrived by two of the Clock
f in the Afternoon ; and the Reafon why we take
' no long Journeys is to avoid fuch Inconveniences
* as poflibly might befal! us in travelling late in the
? Evening.
4 Some of the Mufcovia Company have impor-
' tuned us for Leave to move his Majefty for a
* Letter in his Name, to the Emperor of Rujjia?
* the Effect whereof is as follows :
1. * An Excufe for his bnperial Majeflys Mef-
* fengers n°t having Accefs to the King, by reaf.n of
* the Ho/? Hi ties in this Kingdom.
2. ' To condole the Death of the late Emferar.
3. '7*0 congratulate the happy Enthronement of
' his Sw fhe prefent Emperor.
4. ' 7rj drjire a Continuation of the ant lent League
* and Amity betwixt the two Crowns.
5. * To defire the Refettlement of the antient Pri~
vileges formerly enjoyed by the Englifli Nation.
6. ' To recommend the Perfon of Spencer Bret-
ton, now rejident at the Emperor's Court , to be
Agent there \ untill his Majejly Jhall fend his Am-
bajjador.
' The Letter propof-tl, being the fame in Sub-
fiance which the Parliament have exprefTtd by
two feveral Letters to his Imperial Majefty, the
Company defires that the King's Majefty will be
gracioufly pleafed to fign the fame: And they
alledge it to concern the Trade very much, and
to be no other th^n what hath been permitted
« in
3 i 4 The Parliamentary HISTORY
An. 22 car. I. c in like Cafe to the Tar/fry Company; but we haye
, , * referred them to your further Directions, which
Febmary. ' (hall be be alfoobferved by,
My
Your Lord/hips humble Servants^.
PEMBROKE*™/
MONTGOMERY,
B. DENBIGH,
E. MONTAGUE.
P. S. * We fend your Lordfliips here inclofed
c the Copy of the Cypher we took from Mr. Mur-
< ray:
Orders thereup- The Lords ordered that it be referred to the
«»• Earls of Lincoln and Warwick,, and the Lord War-
ton, todifcover the above-mentioned Cypher; and
that the Letter from theCommiffioners be commu-
nicated to the Houfe of Commons : \Vhich being
done accordingly,
Feb. 9. The Commons fent up a Draught of an
additional Inftru&ion for Philip Earl of Pembroke^
and the reft of the Cornmiflicners that had the.
King in Cuftody; which was to this Effect:
' You are to take fpecial Care to prevent the
fecret conveying of any Letters, Papers, or Mef-
fages, to or from the King ; and for that Purpofe
you, or any three of you, have hereby Power to
examine and fearch all or any fuch Perfons or
Packets as you {hall think fit. And alfo to fe-
cure and reftrain the Perfons of fuch as you fhall
thereupon fee Caufe, untill the Plcafure of both
Houfes of Parliament be known; and you are
alfo, from Time to Time, to give Notice to
both Houfes of your Proceedings therein.'
The Lords agreed to this Inftru&ion, and de-
clared their Approbation of Mungo Murray's Com-
mitment by the Commiifioners.
TWQ
cf ENGLAND. 315
Two more Letters from Ne-wcajlle were read An. « or. I.
phis Day; one from the Earl of Stamford, the; t ' *---J
other from the Parliament's Treafurers ; but con- February,
tain nothing, fave informing the Houfes that the
other IOO..OOO/. was paid to the Scots, that they
were all marched homewards, and had returned
back the Englijl) Hoftages who were treated nobly
by them.
Feb. 12. Further Intelligence from the North
was communicated to the Lords in the following
Letters :
To the Right Honourable the SPEAKERS of both
Heufes of the Parliament of England.
Edinburgh, February 5, 1646-7,
Right Honourable,
1 IT7 E have received your Lordfliips Letter, A Letter from the
* W dated at Jfejlminjler the 2jth of Ja- Scots Parliament
( nuary laft. As this Kingdom hath, by their En - to both Houfe5'
' gagement in this Caufe, and their faithful Pro-
' fecution of it, manifefted their AfFe&ion to their
' Brethren of England, having had many Expe-
* riences of the brotherly KindnelTes of the Parlia-
' ment of England, we hope your Lordfliips will
' fully agree with what has been declared and de-
' fired by us in our late Addrefs.
' Our x^rmy is now on their March homeward,
c many of the Garrifons are already delivered, and
' what remains on our Parts (hall punctually be per-
c form'd; and, as foon as we have difbanded our
* Forces, excepting fuch as we are neceflhated to
* keep up for fupprefling thefe frefh Rebels and
' their Adherents, who have for a long Time in-
' fefted this Kingdom, we intend to authorize
' Commiflioners to join with thofe that fhall be
* fent by both Houfes of the Parliament of Eng*
1 land, for obtaining his Majefty's Aflent to the
' Propofitions, and for agreeing to what (hall be
' further propounded or thought neceflary for pre-
* fcrving and ftrengthening the happy Union of
« tbcfc
3 1 6 The Parliamentary HISTORY
. « Car. I. < thcfe Kingdoms ; the perpetuating whereof (hall
_ l6*6' j ' ever be the earned Defires and conftant Endea-
FeWuai). * rours of
Tour affeElionate Friend and Servant,
CRAWFORD and LINDSAY,
Prt/uf Parr.
Feb. 13. A Letter from the Earl of Pembroke,
with a Declaration inclofed, was read, viz.
For the Right Hon. the Earl of MANCHESTER,
Speaker cf the Hoafe of PEERS pro Tempore.
My Lord, Leeds, Feb. <), 1646.
rd^SffiU-' VJ Y y°ur Lord{hip's Letter y°u have been
with the ' *-* pleafed to give us Notice of their Lordfhips
*°t' * Approbation and Acceptance of our Endeavours
« to ferve them : We defire that, by the fame
< Hand, our humble Thanks may be returned to
« their Lordmips, with this AfTurance, that from fo
' great a Favour we cannot but receive Encou-
' ragementto improve our Services to the beft Ad-
' vantage.
• The King came to Ripon on Saturday Night
' laft, where he refted upon the Lord's Day. A
* little before Dinner many difeafed Perfons came,
' bringing with them Ribbons and Gold, and were
' only touched, without any other Ceremony.
4 We are now at Leedt, where Hundreds attend iri
' the fame Manner ; and fpr that it may be of very
* dangerous Confequence to his Majefty's Perfon
* and Safety, and otherwife inconvenient, we have
' agreed to publifh a Declaration, the Copy of
' which we here inclofed fend you j and if you
4 {hall think fit of an other Way to prevent this
* Inconveniency, none fhall be more ready to obev
* your Commands than
Tour Lordjhip' 3 faithful Servants,
PEMBROKE and B. DENBIGH,
MONTGOMERY, ED. MONTAGUE.
The
of E N G L A N D. 317
The DECLARATION referred to in the foregoing *«•" Car. I.
Hereas divers People do daily refort unto February,
the Court, under Pretence of having
the Evil ; and whereas many of them are in Their Declart-
Truth infe&ed with other dangerous Difeafes, «'»" again* Per-
and are therefore altogether unfit to come into be^oud^d"^ W*
the Prefence of his Majefty : Thefe are there- Majcfty for the
fore ftriclly to require and charge all Perfons Evil,
whatfoever, which are difeafed, not to prefume
hereafter to repair unto the Court, wherefoever
it be, upon Pain of being feverely puniflied for
fuch their Intrufion ; and we do further require
all Sheriffs, Mayors, Bailiffs, Conftables, and
other Officers to fee this our Order publiflied.
Dated at Leeds the qtk Day a/" February, 164.6.
J3y Command of the Cornmijjioners appointed by
both Hoiifes of Parliament to attend the King's
Per fan at Hold en by.
DANIEL ERLE,
Secretary to the CommiJJionen.
Feb. 1 5. About this Time the Populace began to
(hew a Diflike againft the Exife, which they had
long groaned under: And this Day a great Tumult
happened mLondont the Mob riflng in Smithfeld^
pulled down the Excife- Office, and did more Mif-
chief ; but, by the Vigilance of the City Magi-
ftrates, they were fupprefFed, many of them taken
and fcnt to Prifon: However, on this Warning,
the Commons thought proper to frame a Declara-
tion of the Grounds for laying and continuing the
Excife, which will fall better in the Sequel.
Feb. 1 8. A Letter was read from the Earl of
Pembrckfy and the other Commiffioners, with
Advice that the King was come to Holdenby ; ad-
drefs'd to the Speaker of the Houfe of Peers.
My Lord, Holdenby -, Feb. 16, 1646.
* L> Y the Providence of God, which hath gone 2j3JiIt
« D along with us from the firft Step to the lafl HoUcni>/.
' in this Journey, the King is corne well to Hsl-
318 efbe Parliamentary HISTORY
An. aiCar. I. <
1646.
dsnhy. Col. Greaves^ who commanded the Con-
voy, has managed his Truft with great Care and
February. ' Vigilancy, and hath performed extraordinary Du-
' ty in his own Perfon, which we hold ourfelve$
' obliged to reprefent unto you.
' We have here 900 Horfe and Dragoons, which,
* quartering within a little Compafs, cannot but
* be very burthenfome to the Country 5 and there-
' fore intreat your Lordfhip to move the Houfes to
* give fpecial Directions for their Pay. We are
' here now, after five Weeks fpertt in that Service,
* attehding their further Orders, according to the
' Commands laid upon us in our firft Inftru6lions.
' Our Hope and earned Defire is, that our Em-
1 ployment being come to this Period, you will
* pleafe to move their Lordfhips to enjoin us to
* wait upon them at London; which we fliall ac-
* knowledge a very great Favour done to,
My Lord,
Tour Lfrdjhip'i faithful Servants,
PEMBROKE and
MONTGOMERY,
B. DENBIGH.
ED. MONTAGUE.
We have now gone through our Account of
<The Sentiment! the Bine's throwing himfelf into the Hands of the
of the Contem- c . *= JL-II- • i • * » • n »
porary Writer* Scats Army, and their delivering up his Majefty's
upon the charge Perfon to the Parliament's Commiflioners, as it
offcUin£ththcCOt8ftands in the Journali of both Houfes. A Crif»
King.'"" of Engli/b Hiftory much canvafied, but, in our O-
pinion, hitherto not well underftood. Every one
knows that the Scots Nation have been, and are
ilill, blamed for giving up their natural-born King,
who had fled to them for Protection, into the
Hands of his Enemies. Nay, fome do not ftick to
fay that he was actually fold by them. EngHJh
Hiftorians, as well as Englijb Tradition, are not
wanting to ftigmatize the Scots Nation with this
Piece of Merchandize. Therefore, before we enter
upon
of- ENGLAND. 319
upon other Matters, we fliall exhibit the Sentiments An. zz car. I.
of the feveral Contemporary Writers relating to t l6*6* j
this Tranfaftion. February.
Mr. JWntlacke (1} tells .us, { That on the 24th
of September, a new Committee was appointed of
both Houfcs, to treat with the Scots Commiffioners
about difpoftng of the King's Perfon ; which was
pUrpofely named to carry on the Defign intended ;
That the latter End of December there began to
be an Underftanding between fome here and the
Scots, for their delivering up of the King's Perfon
to the Parliament : That the King was much
difpleafed with that Nation for delivering him up ;
and that he alfo difliked going to Holdcnby on ac-
count of the Air : But that the Scats laid hold
of his Majefty's refuting to take the Covenant and
to fign the Proportions, for their Excufe. He adds,
That the Parliament at Edinburgh had voted, * If
his Majefty fhould have Thoughts of coming thi-
ther at that Time, he having not fubfcribed the
Covenant, nor fatisfied the lawfull Defires of his
Subjects in both Nations, they had juft Caufe to
fear the Confequences of it might be very dange-
rous, both to him and to thefe Kingdoms; which
they defired might be timely prevented/ And
that if they fhould now receive his Majefty,
it would be contrary to their Engagements with
England arkl the Treaties.' And that a Scots
Lord told the King, If he did not fign the Cove-
nant, they muft give him up to the Parliament of
England, and it would fall heavy upon him and
his Pofterity.'
In another Place this Memorialift informs us,
That the aforefaid Vote was carried, in the Scots
Parliament, but by two Voices. That the King
afked the Scats Co.nmiflioners, JVhy he might
not go into Scotland, when he came to their Ar-
my for Protection? And they anfwered him, c Be-
* caufe he rcfufcd to fign the Covenant and Propo-
' fitions j therefore they were to deliver him to the
* Commiflicr.crj of the Parliament of England^ who
* were
(t] MtnisiJt, p. 127, 135, Z3% 24.0.
^io The Parliamentary
An. « Car- *• * were come to attend him to Holdenby-Houfe.'^-
1646. That the King defired the Englijh Commifiioners,
* - who had. then received him from the ScotSj to fend
t» the Parliament, that he might have two Chap-
lams, who had not taken the Covenant,' to go with'
hi'm to Holdenby. And, on their Refufal, amongft
fome other Difcourfe, the King, as was reported
by fome, faid, That be was bought and fold?
Lord Clarendon begins with telling us (c), c 'f'hat.
when the Scots had fecured the Peace and Quiet of
their own Country, by getting the King to fend
pofitive Orders to the Marquis of Montrofe for
difbandmg of his Forces, and transporting him-
felf beyond Sea, which he obeyed : And when
they had, with fuch Solemnity and Refofution,
made it plain and evident that they could not,
without the moft barefaced V iolatiorf of their Faith
and Allegiance, and of the fundamental Principles
of the Chriftian Religion, evre deliver up their
native King, who had put himfelf into their Hands,
into thofe of the Parliament, againft his own Will
and Confent : And when afterwards they began
to talk fturdily, and denied that the Parliament
of England had Power, absolutely, to difpofe
of the Perfon of the King without their Appro-
bation ; to which the Parliament as loudly re-
plied, That they had nothing to do in England but
to obferve their Orders; and added fuch Threats
to their Reafons, as plainly (hewed they had a
Contempt of their Power, and would exact Obe-
dience from them, if they refufcd to yield it. Yet,
adds our Author, thefe Difcourfes were only kept
up till they could adjuft all Accounts between them,
and agree what Price (hould be paid for the Delive-
ry of his Perfon, whom one Side was refolved to
have, and the other as refolved not to keep. Thus,
fays he, they agreed ; and, upon the Payment of
200,000 /. in Hand, and Security for as much
more, upon Days agreed on, the Scots delivered
the King up into fuch Hands as the Parliament
ap-
(t) OartnloJi Hiftory of the Rebellion, Vo!. V. p. 54. 8-w £Jit..
^ENGLAND.
ppointed to receive him. In this infamous Man- A
ner that excellent Prince was, in the End of Ja-
nuary, given up by his Scats Subjects.' February
Sir Philip Warwick, a Member of this Parlia-
ment, bin who had been expcllrd for taking
part with the Kin^,' exprefTes himfjlf thus.
' (a) Whilft his Majefty was employed in Con-
ferences with Hcnderfon about the Order of Epif-
copacy, [a Circumftance we have already taken
Notice of] the Scots knew fo well how to value
him, that if it be not admitted they fold him, it
muft be confefr, they parted with him for a good
Price; for they were paid 20C,ooo/. upon their
marching from Ntu'co/lle^ and delivering up of
that Town, as likewife Berwick and CarliJJe ; and
werepromifed 200,000 /. more to be fecured upon
the Public Faith. But if the Englljh Army had
been left to themfelves, arid the Prefbytcrs had not
then been prevalent in Parliament, the Ind.
dent Party would foon have fhortned the Taylor's
Bill. And thus were extinguished, or thus vani-
fhed, thofe loud and public Afiertions the Scots had*
made, That they would not do fo bafe an Act, as
to render up their Pi ince's Perfon, who was come
to them for Safety in fo great a Danger; and that
this Act could not confift with their Duty or Alle-
giance, or Covenant, or w'r.h the"Honour of their
Army ; it beins; contrary to the Law and common
Practice of all Nations, in the cufe even of private
Men ; which London, their Chancellor, .publick-
ly made Profeflion of at a Conference of the two
Houfes at JVeJbmnjicr. But at lad Silver out-
weighed all thele ConfiJemtions, and the Kin^was
delivered up into the Hands of the two Houfes
Commiffioners, and brought to Ho!denby-Hcufe\n
Northampton/hire^ and denied his own Chaplains
and Servants to be about him : A true Prefbyterian
Spirit.' If it be objtc~red that the two laft
Hiftorians exprefs themfelves with much Acrimony
VOL. XV. X on
(d) Memoirs of the Reign of King CLjrta I. Linden 1701,
p. Z9j.
322 The Parliamentary HISTORY
An. 11 Car. i.on the Subject, it muft be rcmembred that they
1 l6**' , had both been great Sufferers.
Another Writer, who lived in thefe unhappy
Times, remarks (d] c That the Propofitions, fentto
the King by the Parliament, were the fame de-
throning ones which they ufed to fend, and there-
fore he would not aflent to them. Nor did the
Scots fwallow them at firft, but made fome Ex-
ceptions againft them, cnly, it feems, to make the
Parliament perceive they meant not to put the
King into their Hands gratis; fo at 1 aft the Bar-
gain was made between them, and upon Payment
of 200,000 /. the King was put into the Hands of
the Commiflicners which the Englijh Parliament
fent down to receive him.' He adds ; * That this
Action bore the vile Complexion of feigned Reli-
gion, very Covetoufnefs, Cowardice, Perjury and
Treachery.'
On the other Side, Mr. Holies, who appears,
by the Journals^ to have been a Teller almoft in
every Divifion of the Houfe relating to the Scots,
intirely acquits them from this infamous Charge. .
His Account of this Affair runs thus (e) :
' The Scots had Caufe enough to have their
Jealoufy prompt them that it was not fafe for
them to depart with their Army, lay by their
Swords, and leave ftanding in this Kingdom fo
great a Force, which they knew to be fo iil affec-
ted to them, and might act to their Prejudice ;
and, the King being in their Power, perhaps force
both him and the Parliament to a Peace .difadvan-
tageous to Scotland^ and differing from thofe
Grounds upon which, by the Kingdom of Eng-
land^ they were engaged in this Quarrel ; or elfe
make no Peace at all, but interpofe (as Cromwell
to the Earl of Manchefier] to hinder it ; and them-
felves govern by the Sword, not cnly to the Pre-
judice
(J) The Hiftory of the Civil Wars of F«rW, from the Yea*
1640 to 1660, by Thomas Kobbet of Malrr.ejlury.
(et Memoirs, p. 63 to 69.
of E N G L A N D. 323
)udice of Scotland, but alfd Ruin of England. — An. 2a Car.
The Scots had no Thoughts but of fettling a Peace, 1646-
laying down of Aims, calling the People, and all * """"*
Things, to revert into their old Channel ; there- Februar>
fore they were willing to be gone and return into
their own Country, in Confidence that, after their
Departure, the Army under Sir Thomas Fairfax
{hould lilcewife preiently be difbandedj fince there
was no more need of any Army at all ; fo they
were willing to go. But then the Qucftion was,
If they would go or not, and how the Soldiers
would be difpoled to march out, who had not been
paid for fo many Months, infomuch as the Scots
Commiflioners gave in an Account of 8oo,coo/.
Arreuis. Here our Gallants [the Independents]
hoped they had them upon the Hip, and fhould
furely give them a Fall. Then they thruft on
Ibme of their little Northern Beagles, as Mr. Elax-
ton, and others, to infor what high Sums they
had raifed upon the Country ; upon which they
conclude the Scots Army was in their Debt, and
therefore they would come to an Account with,
them, which had been a fure Way to have kept
them in the Kingdom five or fix Months longer.
But to help that, our juft Pay-Mafters faid, The
Army fhould march away, and fome Perfons be
left behind to fee all Accounts adjufted ; which
had required very good Rhetorick to have made it
Juftice, efpecially to have appeared fo to the Scots
Soldiers : For to have fent them away without
Money, end then afk'd the Country Man what
the Solders had taken, when he might fay
what he thought good, the Soldier not there to
anfwer for himfelf, and yet his Pay to be thereby
determined, would have been but hard Meafure.
But the Rhetorick had been, for Sit Thomas Fairfax
to have gone down with his Army, which {hould
have made it juft, and ealy, and every Thing;
for this was it they [the I;i;let>t:n:Lnti] defired to
bring it to, as it was often moved and prelicd by
them.
X2 'At
324 The Parliamentary HISTORY
An. zz Car. I. e At laft the Well-wifhers to Peace, with much
, ' ' j ado, prevailed in the Houfe, and it was carried to
February. offer the Scots a grofs Sum for all; fo to part fair,
and avoid the Delay and Difputes of an Account ;
to which they prefently agreed. Then the Que-
frion was what Sum. Here again we had a ftrong
Debate; for our Incendiaries hung by every Twig,
flicking fail to their Principles to diflatisfy the Scots,
and break with them, if pcflible, upon any Point ;
pretending the Poverty of the Kingdom and the
great Sums the Scots had raifed; and therefore they
would give but ioo,coo/. which they knew was
all orte with a hundred Shillings, as to the fatisfy-
ing of the Soldiers for marching away. In the
End, after many Debates in the Houfe, and Paf-
fages to and again with the Scots Commiflioners,
the lowed Sum that could be agreed unto by the
Commiffioners was 400,000 /. two in hand, and
the other two after forne Time ; with a Protefta-
tion of theirs, that the Army would not be fatif-
fied with lefs, nor enabled to march, which was
Motive enough for thefe Men to deny it; for if they
could have wrought the DifTatisfa&ion of the Ar-
my, fo as to have refufed to go, it was where they
would have it. Whereupon it was oppofed by
them with all the Power they had ; but in the
End the better Part, that is the moderate Party,
who were the Peace-makers, thofe that laboured
to keep Things even and fair between the two
Kingdoms, carried it; and the Sum was voted,
and all Things agreed upon, tho' with Difficulty ;
(for they fought it out and loft it by Inches) then
the Scots declared they would march out by fuch a
Day.
* Yet had our Bcutefeus one Hope left, which
was to quarrel at laft about the Perfon of the Kirgj
believing the Scots would certainly have taken his
Majefty with them into Scotland. This they knew
had been Ground fufficientr and would have en-
gaged all England n^ainft them, giving a Confir-
mation to ail the Jealoulies formerly raifed, and
occafioned
of ENGLAND.
occasioned a Thoufand more ; and had certainly An-
more advantaged the Defigns of thofe who thirfted _
after the Deitru<flion of the King iirft, the Scots February,
next, and then all fuch as defired Peace within this
Kingdom ; and have made them a fmoothcr Way
to their damnable Ends, the altering of the Go-
vernment, and bringing in a Confufion both in
Church and State, than any Thing that could have
happened ; and the two Kingdoms had been toge-
ther in Blood, the Author of the Mifchief undifco-
vered, mafked over with the glorious Pretences of
zealoufly vindicating the Honefty and Intereft of
England, and every Breach of Covenant and Trea-
ty in this Caufe; which made them with fo much
Peremptorinefs and Incivility, and in Truth Inju-
ftice, demand that the Scots would deliver up his
Majefty, who had an equal Intereft in his Royal
Perfon with the Kingdom of England^ he being
equally King of both ; and an equal Intereft in the
clofmg and binding up the unhappy Differences
which were between him and both his Kingdoms,
they having been engaged in that Quarrel at the
Entreaty of England : and made up together anin-
tire Body with England, as is before (hewed, for
the Profecution of it : Therefore they had no
more Reafon to truft us with the King than we had
them, and as much were they concerned in all
that related to his Majefty's Perfon ; fo as they
had Ground enough to have difputed it, and out
of that Hope was it prefled by the others. But
the Wifdom of the Scots Nation forefaw the In-
conveniences which muft have neccflarUy followed,
had they been pofitive at that Time, how they
had played their Enemies Game to their own Ruin,
and even Ruin to his Majefty: Therefore they
made for him the beft Conditions they could, that
is for the Safety and Honour of his Perfon ; and, to
avoid greater Mifchiefs, were neceffitated to leave
him in England; and fo marched away, which they
did in February 1646.
' Here then the very Mouth cf Iniquity was
flopped, Malice itfelf had nothing to fa.y to give
X 3 t'ic
326 *lhe Parliamentary HISTORY
. 22 Car. I. the leaft Blemifti to the Faithfulnefs and Reality
,of the Kingdom of Scotland, and the Clearncfs of
Feoruarv. their Proceedings ; their Zeal for Peace, without
Self-Seeking and Self-ends, to make Advantage of
the Miferies and Misfortunes of England.''
Mr. Rujhwortb a6h in this Affair as a Collec-
tor only, making few or no Reflections on the
Conducl or the Englifo and Scots at this particular
Crifis ; ft r, after giving a Copy of a Letter from
the Parliament of Scotland to that at Wef.mmjler^
to which a Declaration from that Kingdom was
fubjoined («), containing, as he remarks, their full
Confent to the delivering up the King, this Hiftori-
an proceeds to tell us (/>},' That theComrnifiioneis
who were to receive the King came to Newta/lle,
on the 23d of "January^ to whom his Majcfty gave
the Honour of kitting his Hand ; and the Earl of
Pembroke told his Majcfty, They were command-
ed by both Houfes of Parliament to attend him to
Holdenby ; at which his Majefty did not feem at
all furprifed, but enquired how the Ways were.
* On the 28th of jamtary the Scots Lords being
all with his Majefty, he told them, He had often
dcfired to go into Scotland; that he came into their
Army for Protection, and had it, but now per-
ceived they were not willing he fhould go to Edln-,
burgh; and they being to deliver up the Garri-
fons, he dcfired to know how they would difpofe
of him, and for that End required them to with-
draw, and confidcr to whom they would deliver
him, which they did ; and coming in again, they
told his Majfiey, That they had confidcred of his
Speech ; and that fince his Majefiy had refufcd to
take the Covenant, and fign the Propositions, they
were to deliver him to the Commiffioners of both
Houles of Parliament of Englandy who were come
to attend him to Holdenly.
4 On Saturday the ^cth of 'January the Scots
marched out of NeivcajUe, Skippon took PoiFeflion
of
(a] Thefc Papers are already pivrn at p. 280, £f fro .
(1} CoUtffiom, Vol. VI. p, 398.
^ENGLAND. 327
of it, and the Parliament's Commiflioners received An. « Car. L
the King into their Charge; foon after they fet for- JL^L>
wards with him to Durham, and fo on to Holden- February.
by, being met by the Way by Sir Thomas Fairfax,
who kifled his Majefty's Hand, and, having con-
ducted his Majefty through Nottingham, took his
Leave very refpe&fully; and fo his Majefty was
brought to Holdenby, where he arrived on Tuefday
the j6th of February.
And now, leaving it to the Reader's Judgment
to determine, from the foregoing Extracts of the
Journals of both Houfcs, how far thefe Writers
have been led by Truth or Prejudice, we proceed
to the fubfequent Tranfa&ions of Parliament.
Feb. 19. Another Letter came from the Com-
miflioners at Holdenby, with one inclofed in it
from the King, which were both read in thefe
Words :
To the Right Hon. the Earl of MANCHESTER,
Speaker of the Houfe of PEERS pro Tempore.
My Lord, Holdenby, Feb. 17, 164.6.
*T* His Day the King delivered us a Letter to A Letter from
1 be fent from himielf to both Houfes, with 'he Commiffion-
T . '. ... . r . v. r ers at Holdenby.
Leave to read it, which we thought fit f,o excufe ;
and have here fent it inclofed, without Know-
ledge of the Contents, holding it our Duty not
to hinder any In.ten?burfe betwixt his Majefty and
the Houfes. "
6 Weearneftly define their Lordfliips Directions
for the future, which fhall be carefully obferved
untill they fhall be pleafed to recall us from this
Service; which we are bold to entreat as a fpe-
cial Favour from their Lordftiips, after fo long
a Journey and Attendance in the Service; where-
in we have enjoyed ourfelvcs only in our faithful
X 4 * En-
328 ffie Parliamentary HISTORY
An. a* Car. I. « Endeavours to eive a gcxxl Account of the Truft
t l6*6* , ' they repofed in^
February. ' f
Tour Lsrdjlip's moj) faithful Servants^
PEMBROKE and
MONTGOMERY,
B. DENBIGH,
ED. MONTAGUE.
The Letter from the King, referred to in the
foregoing, was as follows :
To the SPEAKER of the Houfe of PEERS pro
Ttmpore, to be communicated to the Lords and
Commons in Parliament aiTembled at Weftmin-
fer.
Huldenby, Feb. 17, 164.6.
Thf King defirw C I™6 I ^a"^e never dijjfmblfd nor hid my Con-
that feme of his *^ fclence, and that I 6m not yet Jatisfied with thofe
Cbapiains rnay Alieratl-^ in Religion to which you defire my Con-
atteHd him there. ,- , .„ , /• „-. . . '. , r ' , . -,
Jeni, I will not hje T;tne in giving Reajons^ which
are obvious to every Bcdy, ivhy it is fit for me ty
be attended by feme of my Chaplains^ imhofe Opinions ,
as Clergymen, J efteem end reverence ; not only for
the Exercife of my Conjdence^ but aljo even for clear-
ing my Judgment concerning the prefcnt Differences
in Religion, as I have mere fully declared to Mr.
Marfhall and his Fellow Mini ft er ; having Jheived
them that ibis is the beji and likelie/i Me^is of giving
me Satisfaction ; which, without it, I cannot have in
thefe Things^ whereby the Dijlraflions of this Church
may be the better fettled; wherefore I defire that
at leajl two of tbsfe Reverend Divines^ whofe
Names I have here Jet down, may have free Liberty
to wait upon me, for the difcharging cf their Duty
to me according to their Funflion> viz. The Bijhop
cf London (*), the Biflup of Salisbury (£), the Bijhop
of Peterborough (f), Dr. Sheldon, ChrkofmyChfct,
Dr.
(a) Dr. iniliein Juxcr:. (1} Dr. Erlan D-.'ffa, (c] Dr. John Trwtn
^ENGLAND. 329
Dr. Marfhe," Dean o/York, Dr. Saunderfon, Dr An. « Car. I.
Bailey, Dr. Fuller, Dr. Hammond, Dr. Hey- . l6*6' ,
wood, Dr. Beal, Dr. Taylor.
CHARLES R.
The I/ords refolved to take this Letter of the
King's into Confutation the ne\t Morning.
Notwithftanding which we do not find that they TO which the
took any further Notice of it this Month; and Lords give no
though there were two or three Letters more fent •An"ver-
to the Parliament, from their Commiflioners at
ktoldenby^ during that Time, yet they are not fig-
nificant enough to be copied here. We fhail
therefore proceed with the Obfervations made, and
delivered in to the Houfe of Lords, by the Com-
mittee appointed to examine the Teftimony of
Tobias Peaker^ the Witnefs who fwore 'to the
King's intended Efcape in a Dutch Ship from New-
caftle^ viz.
« That the Committee of Eflatcs in the King- Report from the
. /•' n r > • i * T ITT/- r Coir.miitee rela-
domof Scotland^ in their Letter to the Houfes, fay, t;ng to Tobias
They had made as exacT: a Trial of the Bufmefs pecker's infor-
as they could, and that they find the Perfons %?*?.**?
• ^ i . r> , , T- < . ,. King s intending
mentioned in r cuter s Lxammation,to be mnq- to cfcape
cent ; and that he is an infamous Perfon, and a
Thief.
* That not only Mr. Murray and Sir Robert
Murray , but the Dutch Captain and Mr. Levitt do
contradicl all that is informed by Peaker.
* That General Lefley doth alfo contradicl his
Information: That Peaker doth directly contra-
dict himfelf; for, in anfvver to the feventh Inter-
rogatory, propounded to him by the Committee of
this Houfe, he faith, ' That he did not r.eturn to
' Mr. Murray ', after Mr. Murray had told him
' that he had been examined by General Lejley
* about the Bufmefs,' And, in, his Examination
before, he faid, « That after Mr. Murray had
' charged him with divulging the Letter, and after
* he was acquainted that General Lejley had told
* Mr. Murray he had a Letter in Ambufh for him,
« that
*Tbc Parliamentary HISTORY
* that Mr* Murray difmifled him and appointed
__ e him to return within an Hour ; and that accord-
March. ' ingly he did return to Mr. Murray, and received
' further Directions from him.'
* That there is a clear Contradiction in his for-
mer Examination, where he faith, ' That the Re-
* gimentof the Scots Army which was ztTinmoutb
' was fure for the Kins;;' and yet that Mr. Mur-
ray fent him to the Dutch Captain,' to 'enquire
whether he could go out in the Night, notwith-
ftanding any Oppofition frcm Tinmouth Caftle.
' In Anfwer to the eighth Interrogatory, pro-
pounded by the Committee of this Houfe, he can-
not ihcw about what Time Mr. Murray told him
that feveral Regiments of Foot of the Scots Army
were for the King, and that there were good Hopes
of Lieuten?nt-General Lejley.
< In Anfwer to the ninth Interrogatory, he con-
fefleth that he brought away 40 /. of Mr. Murray 's,
and he gave an Account of it to the Mayor of the
Town.
* In Anfwer to the tenth Interrogatory he con-
feflcth, That he brought a Watch with him, which
was Mr. Murray's; but faith he gave it him a
Quarter of a Year before.'
The Lords ordered that this Report fhould be
taken into Confideration at their next Meeting ;
but we do not find any more Notice taken of it
during the Remainder of this Month.
March 4. An Ordinance for continuing the Pay-
ment of the AflefTment for the Army under the
Command of Sir 'Jliomas Fairfax^ v.?as read a third
Time, and debated in the Houfe of Lords. And
the Queftion being put, Whether to agree to this
Ordinance as it was then read ? it pafled in the
Negative. But the following Proteft from fome
diflenting Lords is entered againft this Vote :
« Their Lordfhips being fenfible of the great
* Service done by the Army, and holding it juft
« and
of ENGLAND.
* and honourable that the' Officers and Soldiers An-
' there fhould have Satisfaction before their Dif-
' banding; and beinj; very defirous the Country March.
4 fhould have Allowance for their free Quarter,
' which the Army was neceflitated to take for want
* of their Pay; as alfo that the Kingdom might
* be eafcd as much as may be by the difcharging
'of all unneceflary Forces, did, for thefe Ends,
* defire that the faid Ordinance might have been
* pafled, not knowing any other or better Means
* of raifing Money fpeedily for the faid Purpofes :
* Therefore to clear themf elves from the Inconve-
' niency which may arife by the not paffing there-
* of, their Lordfhips have entered this their Pro-
* teftation.'
NORTHUMBERLAND, P. WHARTON,
SALISBURY, NORTH, •
KENT, GREY of WARK.,
NOTTINGHAM, GREY,
HOWARD, DE LA WAR.
SAY and SELE,
March 5. A long Debate happened in the Houfe
of Commons on the Queftion, Whether the Forces
to be kept up in the Kingdom of England fhould
be commanded by Sir Thomas Fairfax ? and, on
a Divifion, 159 againft 147, it was carried in the
Affirmative. Mr. fWritlocke obferves here, c That
it was wondered at by foine, this {hould admit of a
Debate or Queftion at all.'
March 8 . The Commons voted, That no Mem-
ber of that Houfe {hould have any Command in the
Garrifons or Forces under Sir 'Thomas Fairfax :
That there be no Officer above a Colonel : That
they fhould all take the Covenant : That none who
had borne Arms againft the Parliament {hould be
in Command: That they fhould all conform to
the eftablifhrd Church. This laft occafioned a
Debate and a Divifion of the Houfe, but was car-
ried for it by 136 againft 108.
Then
TZv Parliamentary H i s T t) R Y
Then it was refohed^ ( That no profane Curfer
or Swearer, Drunkard or Whoremafler, or other-
March. W^e fcandalous m Life or Converfation, {hall be
employed as an Officer in any of the Garrifons or
Forces that are to be kept up in the Kingdom of
England.'
The Bufmefs of reducing the Army had been
debated, on the igth tilt, in the Houfe of Com-
mons; and the Queftion being put, Whether there
fhould be a Number of Foot kept up, at the Pay
of the Kingdom, more than what would be fuf-
ficient for the keeping of fuch Garrifons as fhould
be continued ? the Houfe divided, and it patted in
the Negative, 158 againft 148. After which Vote
the Houfe proceeded to order the difmantling
and flighting the Works and Garrifons of feveral
Cities and Towns, many Caftles and Forts, in
England, IVales^ &c. amounting, in all, to a very
great Number.
March 8. The Reader muft remember the
King's lall MeiTage to the Lords, from Holdenby,
defiring he might have fome of his Chaplains
appointed to attend him ; which the Lords hither-
to had taken no Notice of: But this Day their
Speaker prefented to the Houfe fome Letters he
had received from the Earl of Denbigh, &c. with
another Letter inclofed from the King; which
were read :
My Lordy Hcldenby^ March ^ 1646.
' \T/E received the Letter inclofed from the
* * * King, this Morning, which we thought
* fit to fend, having heard nothing of your Diflike
* upon- our fending the laft; nor received any
' Directions, which were then, and are ftill, ear-
* neftiy defired by
Your Lordjhip's mcfl humble Servants^
B. DENBIGH,
ED. MONTAGUE.
To
I
of E N G L A N D. 333
To the SPEAKER of the Houfe of PEERS pro An. 2^ Car. I
Tempore, to be communicated to the Lords and x 4 ' ,
Commons in the Parliament of England afTem- March,
bled at WeJImlnfter.
T being now feventeen Days fence I wrote unto A fccond ^^
you frcm hence, and not receiving any Anfwer fr0m°tL King'
to what I then defer ed, I canntt but now again re- defiring the At-
new the fame unto you: And indeed concerning any cBjJajj?£f h"
Tiling but the necejjary Duty of a Chri/iian I would
not thus, at this Time, trouble you with any of my
Defires j but my being attended with fame of my
Chaplains, whom I ejiecm and reverence, is that
which is fo necejjary for me, ,even confedering my pre-
fent Condition, whether it be in relation to my Con-
fcience, or a happy Settlement of the prefent Dijlrac-
tions in Religion, that I will flight divers Kinds of
Ccnfures rather than not obtain what I demand*,
nor Jhall I do you the Wrong as in this to doubt
the obtaining of my Wifl), it being totally grounded
upon Reafon ; for defiring you to confeder, not think-
ing it needful to mention, the divers Reafons, which
no Chri/Jian can be ignorant of, for Point of Con-
fcience, I rnujl ajfure you that I cannot, as I ought,
take into Confederation thofe Alterations in Religion,
which have been, and will be offered unto me, with-
eut fuch Help as I defer e ; becaufe I can never judge
rightly of, or be altered in, any Thing of my Opinion,
fo long as any ordinary Way of finding out the Truth
is denied me : But when this is granted me, 1 pro-
miff you faithfully not to Jlrive for Vitlary In Ar-
gument, but to feek and to fubmit to Truth, ac-
cording to that 'Judgment which God hath given me ;
always holding it my bejl and greatejl Conqueji to
give Contentment to my two Houfes of Parliament
in all Things which I conceive not to be again ft my
Confcience or Honour; not doubting likewife but
thai you will be ready to fatisfy me in reafonable
Things, as I hope to fend in this Particular, con-
cerning the Attendance of my Chaplains upon me,
Holdcnby March 6, CHARLES R.
2646.
The
^he Parliamentary HISTORY
The Qucftion being put, Whether their Lord-*
fhips will allow any of that Number which the King
March. defires, in his Lift, to go down to him to Hclden-
by, to refide there for twenty Days ; It was refolved
in the Affirmative. And the King's Letter was
ordered to be fent down to the Houfe of Com-
mons.
The Lords alfo appointed a Committee of their"
Houfe to draw up an Anfwer to his Majefty's Letter,
Which is denied according to the Senfe of that Houfe, That if the
King thought fit to admit fuch of his Chaplains,
as had taken the Covenant, they were inclined to
give them Leave. B«it thfe Commons were more
explicite than the Lords in this Affair ; and abfo-
lutely voted, c That no Perfons fhould be em-
ployed about the Perfon of the King, in any Ca-
pacity, or be admitted to have Acceis to him, but
fuch only as have continued with the Parliament
and adhered thereto ; and had teftified their good
AfFedHons to the Parliament and their Caufe, and
had taken the National League and Covenant.
March 9. The Commons refolved that an
Order formerly palled, giving Authority to Mr.
Rujhiuorth to licenfe the Printing of Books be re-
voked. The Reafon of this Refolution does not
appear ; but the Houfe had the fame Day given
Orders to enquire out the Authors, Printers, and
Publifhers of fome Pamphlets which had given Of-
fence : And it is probable that thefe had been li-
cenfed by Mr. Rujhworth, becaufe the Order for
this Inquiry immediately precedes the Order of
Revocation.
March 12. The Commiffioners of the Admi-
ralty prefented to the Houfe of Lords, for theif
Approbation, a Lift of the Navy Royal, if it may
be fo called when under the fole Power of the
Parliament, with the Names of the feveral Com-
manders to be employed as a Summer's Fleet, for
the Safeguard of the narrow Seas : But this being
4 vuy
of E N G L A N D. 335
very little different from what we gave in the Pro- An. 2z Car. !•
ceedings of the laft Year (a), we pafs it over. t ^46' t
March 24. About this Time a Difpute arofe March,
between the two Houfes, concerning the Quarter-
ing of Sir Thomai Fairfax's Army in the Eaftern
affociated Counties. And a Conference being de-
fired by the Lords on that Head, the Reafons fol-
lowing were drawn up by a Committee to be of-
fered to the Commons, which being this Day re-
ported and agreed to by the Lords, was delivered
In Writing by the Earl of Manchejler*
Gentlemen,
* T~*HE Lords have received a Petition from
JL the Lord Mayor, Aldermen, and Com- fOIJ agajnft q!L-
mons of the City of London ; wherein as they do tering Sir Tho.
feafonably and fully declare their good Affections J^*^'
to the Parliament, together with their fixed Re- counties near
folutions carefully to intend the Honour, Security, London,
and Advantage thereof; fo they do likewife exprefs
a great Senfe of their prefent Prefiures, by reafon
of the Quartering of the Forces commanded by
Sir Thomas Fairfax in thofe Parts adjoining near to
the City : Neither is this refented by them alone,
but the County of EJJex did fome Days fince, by
Petition, make known unto their Lordfliips the
Burthens and other Mifchiefs that were likely to
fall upon that County by the quartering of great
Numbers of the Army upon them and the reft of
the affociated Counties.
* The Lords having ferioufly confidered thefe
Petitions, do find it to be of very ill Confequence
to have the Army quartered either in the affociated
Counties, or any Parts adjacent to the City of
London.
Firjl, ' Becaufe the City of London, being the
Place where the Parliament and all the Courts of
Juftice are kept, muft of Neceflity have a very
great Concourfe of People as an Addition to that
numerous Body of their own fettled Inhabitants :
If, therefore, this City (hall, by the near quarter-
ing
(j) In our Fourteenth Volume, p. 233;
3 3 6 The Parliamentary HISTORY
An. 11 Car. I. ing of the Army, be deprived of their ufual Provi-
fions and necefTary Accommodations, it may give
an Occafion to fome to break that good Order,
and interrupt that Government, which, in all thefe
Times of great Diftradtions, hath been kept in a
fettled Quietnefs ; which hath not only been a Se-
curity but an Advantage to the Parliament.
Next, ' In this Conjuncture of Time, it may
probably increafe fuch Jealoufies and Sufpicions as
may not fuddenly be removed ; moll Men looking
upon fuch Actions as thefe, which prove inconve-
nient to them, as Defign rather than Matters of
Neceffity j and their Lordfhips exprefs their Fears
in this Particular, the rather, becaufe they have
received divers Informations that fome Perfons of
the Army, in all Places where they come, do en-
deavour to difaffedt the People to the prefent efla-
blifhed Refolutions of the Parliament.
* They do likewife confider the great Affifbnce
and Advantage that the Parliament hath had from
the Eafterri Affociations, they having been faithful
unto the Parliament from the firft to the laft ;
when divers others, either in whole or in part,
have deferted and oppofed the Parliament in this
Caufe. Thefe Counties having been, during thefe
Troubles, the Magazine of Provifions for the
City and other Parts of the Kingdom, do now
expect to be t'urnifhed from them with thofe Necef-
faries which are not to be had in that Plenty in
other Counties, they being much wafted in their
Stores of Corn and Cattle. It will therefore prove
a Mifchief in general to the whole Kingdom, if
thefe Counties (hall have their Stores exhaufted by
the Quartering of an Army ; which by a provi-
dent and orderly Management and Ufe, might fup-
port themfelves, and furnifh others.
* Upon the whole Matter thus before them, their
Lordfhips do think it neceflary that the Forces
commanded by Sir Thomas Fairfax mould not
quarter within the afTociated Counties, or any Parts
near adjoining to the City of London: And feeing
likewife that, by the great Bleffing of God upon
the
of E N G L A N D. 337
the Endeavours of the Parliament, and the Sue- An- **£**•
cedes of their Armies, they now enjoy a Frc'edomi ^___ ^
from any Force maintained againft them, they do March,
hold it their Duty to do what in them lies towards
the freeing the Kinguom from thefe Burthens that
lye upon them; and therefore they prefs this as the
moft neceflkry Means tending to the Eafe and Sa-
tisfaction of the Kingdom, That a Prcvifidn of
Money may be made for the fpeedy paying and
difbanding of our Annies (the Way of raifmg
this they leave to you to confider) ; that fo we may
give a real and fpeedy Relief to the diftrefled King-
dom of Ireland^ and keep fuch a competent Force
within ourfelves as may fecurc our Garrifonsj and
prevent the Defigns of fuch, as, out of their ill
Affections, fhould, at any Time, attempt to di-
fturb the Peace and Happfnefs of the Parliament
and Kingdom.'
« Their Lord/hips do alfo take Notice of another
Thing, which doth much obftruft the Proceedings
of their Houfe; which is, That their M^flengers,
whom they fend upon MefTages to the Houfe of
Commons, are made to attend fo long, fdmetimes
Days, before they can be admitted; which doth
very much hinder Bufmefs, and feems to be
fome kind of Reflection upon the Houfe of Peers :
Their Lordfhips always have been careful to main-
tain all good Correfpohdency with the Houfe of
Commons; and not to do any thing which might
look like a Difrefpec"t towards them: And they do
defire and hope to find the fa.ne Care and Readi-
nefs in the Houfe of Commons, in what concerns
their Lordfliips.
March 2.5. The*, next remarkable Tranfaclicn
of this Month~is aJPedtion from ibme OHicers of
the Army to the Lords, which is the li;ft we have
met with prelenteJ from that Quarter. The Sub-
{Unce of it is inodcft enough; tho', after they had
once learned the Way, we (hall, find them peti-
tioning in a quite different Strain very fhortlv.
VOL. XV. Y To
3 38 'The Parliamentary HISTORY
An. 13 Or. I.
. ! *7' To the Right Honourable the LORDS in Parliament
March. affembled^
The HUMBLEPETITION 0f CoLONELS, L I E U-
TFNANT-CoLONELS, MAJORS, and other OF-
FICERS that have faithfully ferved the great
Caufe of the Kingdom^ under the Authority of
the Parliament,
Shewed), March 22, 1646.
A Petition from c " | ^ HAT your Petitioners having faithfully
efT' (Afficers ' •* ferved you in the Maintenance and Settle-
thcHCouie«fy ( me°t °f Religion, according to the Tenor of the
Lords. ' National Covenant taken by them, of the Liber-
* tyofthe Subject, and of the Privileges ofPar-
* liament, in the Times of the Kingdom's greateft
* Exigence, which were the principal Ends for
' which they were at firft engaged; they cannot
' but hold themfelves bound in Honour and Con-
* fcience, in Concurrence with many others, to
* tender to your Honours Confideration fuch
' Things as they, in all Submifiion, conceive ex-
* ceedingly conducing to the fpeedy effecting of
' the faid Ends, together with their own fad and
* neglected Condition ; humbly defiring your Ho-
' nours favourable Conftrudlion of their good In-
* tentions therein, with an opportune and timely
' Anfwer unto thcfe enfuing Particulars, viz.
1. ' That the Public Worfhip of God may fpee-
4 dily be fettled according to the Word of God,
' and the Example of the bed Reformed Churches.
2. ' That the Subjeft may have the Benefit of
e Magna Char la ^ and the Petition of Right , fo far
' forth as may comport with the Neceffities of the
* Kingdom.
3. * That all Committees in the feveral Coun-
c ties may be removed ; and that the Treafurers and
4 Sequeftrators of the faid Counties may be called
* to a fpeedy and Uriel Accountj for the better
5 Satisfaction and Eafe of the Kingdom.
4. * That fuch Officers as have ferved under any
* general Command* may have the Aecoun s of
4 tUir
of E N G L A N D. 339
their Arrears fpeedily audited in London', and An. 23 Car. I,
1 that a fpecial Order may be ifTued to the feveral ( ^7
1 Committees of Accounts reiiding in other Coun- ' "~^ ~"
! ties, forthwith to audit the Accounts of fuch Of-
; ficers as have been fubfervient to the Orders of
1 the Committees of the faid Counties.
5. ' That fuch Pay as fhall appear due unto
1 the faid Officers, under the Hands of Committees
4 of Accounts, according to the Eftablifhment,
* may be forthwith paid unto them, with Intereft j
* that the Ordinance upon the Bifhops Lands, with
' the Security of the Excife, may be revived for
1 the Difcharge thereof; and that fuch Part as is
* refpited on the Public Faith, may be difcharged
' with Intereft, at the End of fix Months, deducing
* the Surcharges of the feveral Counties ; and that
4 an Order may be ifliied to the faid feveral Coun-
' ties to bring in their Surcharge withfn the Time
* of three Months, or otherwife that they fhall
1 not be charged to our Accounts ; that fo all of us
* may not be utterly ruined, as fome of us already
' are, by tedious and long Solicitations, nor your
* Juftice blemifhed thro' our Neceflities and Suf-
' ferings.
6. ' That all fuch Officers and Soldiers as have
* contracted any Debts fince this War begun, In
' order to the carrying on of the Public Service,
* either by want of the Payment of their due Salary,
* orbyreafon of their own Difburfements, may have
* their Perfons freed from all Procefs, Arrefts, or
* Moleftation untill their Arrears fhall be difchar-
' ged ; and that then their Creditors fhail be pro-
* portionably fatisfied, and the faid Officer»«left to
* the ufual Courfe and full Power of the Law as
' formerly.
7. * That an A£l of Indemnity may be parted
* for all Officers and Soldiers, for fuch Actions as
* have been done by them in Reference to the Pub-
* lie Service iince the Beginning of this War.
8. * That all fuch Officers as have loft the Be-
* nefit of their Eftates, and have difburfed divers
* Suras of Money for raifmg Men, Horfes, Arms,
Y 2 'or
34^ The ParUamentary HISTORY
An. 23 Car. I. < or Ammunition, or in the managing their public
^J^ ,« Truft, (hall be confidered for their faid LofTes,
March. * anc^ allowed for the faid Diftmrfements, uponjuft
' Proof thereof made before the Committees of
8 Accounts; and that the faid Committees (hall
* have fpecial Order given them to audit fuch Dif-
' burfements when they (hall be brought unto
' them.
9. c That not forgetting your Honours tender
' Care of the fad Condition of bleeding Ireland^
* and that nothing may be wanting on our Parts
' towards the promo ing of fo honourable and pious
* a Work, fome of us have engaged ourfelves al-
* ready, and the reft are moft ready to contribute
c their beft Afliftance thereunto, even as your Ho-
* nours (hall be pleafed to command us.
* And, in purfuance of a full Eftablifhment of
' the Particulars aforefaid, as in your great Wif-
' doms (hall be thought moft convenient, your Pe-
« titioners do offer their utmoft Service and Aflift-
< ance, with their Lives and Fortunes,
And Jhatt ever pray, &c.
T. Essfex, Cdl. JEREMIAH BAINES,
RICHARD SANDYS, Col. Lieutenant-Colonel.
MAT. ALURED, Col. JAMES BAKER, Lieu-
FRANCIS GOFFE, CoL tenant-Colonel.
NICH. DEVEREUX, Col. ROBERT WILTSHIRE,
JAMES MIDHOPE, Col. Lieutenant-Colonel.
THOMAS CARYL, Col. WILLIAM FORCY,
THOMAS COVELL, Col. Wm. WARNEFORD,
JoHNBuTLER, Col. L ieutenant • Colonel.
The Officers who fubfcribed this Petition were
all called in again, and had for Anfwer, * That
- the Houfe gave them Thanks for their good Af-
fections to them, and their Services to the King-
dom and Parliament; and they take it well con-
cerning their Offer for Ireland. And as to their
Arrears, their Lordfliips will do their Parts, and
• -will take their Petition into Co'nfuieration.'
The
^/ENGLAND. 341
The fame Day a Copy of this Petition was pre- An. *, Car. r,
fentcd to the Houfe ot Commons by the fame t l6*7' .
Officers, to whom the Houfe fent out four of March,
their Members with the following Anfwer: * That
as to their Arrears, the Houfe had and would take And to the Com*
them into Confideration, with others, in fuch mons'
Manner as they (hould think fit, as well as their
Defires of Employment. That as to the reft of
the Petition, about the Management of public
Affairs, it did not concern any Perfons to give In-
ftru&ions to the Houfes therein ; yet, in Confide-
ration the Petitioners were Men that had done
Service to the Parliament, and, in regard of their
Profeflions, and that they might have done this
merely out of Inadvertency, they were willing to I
pafs it by.' — But we (hall foon find that thefe ftur-
dy Beggars, as they may very well be called who
petitioned Sword in Hand, were not to be put by
fo eafily.
The Proceedings and Motions in the Army goth Houfet
about this Time, which gave fo great an Alarm to greatly
the Parliament, were fet on foot by the Indepen- J
dents, of which Cromwell was the Chief; and were my,
a main Engine by which he afterwards attained to
a higher Degree of Power in this Nation than any
of her Kings. In order to illuftrate this Matter,
it will be necefTary to obferve that this General
had a Son-in-Law, Commiflary Ireton, as good at
contriving as himfelf; and, at fpeaking and writing,
much better : Thefe two took Care to fpread a
Whifper through the Army, that the Parliament
intended to difband them j to cheat them of their
Arrears ; and to fend them into Ireland^ to be de-
ftroyed by the Rebels in that Kingdom.
This Report was eafily credited by the Soldiery;
fome Regiments they knew were already fent over,
and others invited and prefled by the Parliament
to do the fame: And, being enraged at this Ufage,
they were eafily taught, by Ireton, to ereft a Coun-
cil amongft themfelves, of two Soldiers out of
every Troop and every Company, to confult for
Y3 the
i647-
v —
March.
342 V be Parliamentary HISTORY
An. 23 Car. I- the Good ofthem all; to aflift at a Council of
War, and advife for the Peace and Safety of the
Kingdom. Thcfe Men were ftiled Agitators j
and whatever Project Cromwell had a Mind to
bring about, he had no more to do than put it into
their Heads. The Effea of their firft Confulta-
tion was, the taking the King from Holdenby and
bringing him to the Army, as will be feen in the
Sequel. Thus much premifed, we return to
our 'Journals.
March 30. The Houfe of Lords were informed,
by fome Officers who came to offer themfelves
Volunteers for the Irijh Service, of a Petition
handed about in the Army, to be figned and deli-
vered to Sir Thomas Fairfax, their General; a
Copy of which was fhewn and read to the Lords
in triefe Words :
To his Excellency Sir THOMAS FAIRFAX, Knt.
General of the Parliament's Forces.
The HUMBLE PETITION of the OFFICERS and
SOLDIERS of the Army under your Command,
Who prefent a
Petition and Re-
prefentation to
Sir Thomas Fair-
fax,
Sheiueth,
*"|~ HAT, ever fince our firft engaging in this
1 Service, for preferving the Power of the
Kingdom in the Hands of the Parliament, we
have, in our feveral Places, ferved them with all
Faithfulnefs ; and although we have lain under
many Difcouragements for want of Pay and other
NecefTaries, yet have we not djfputed their Com-
mands, difobeyed their Orders, nor difturbed
them with Petitions ; nor have there any vifible
Difcontents appeared amongft us, to the Encou-
ragement of their Enemies, and the Impediment
of their Affairs; but have, with all Chearfulnefs,
done Summer Service in Winter Seafons, im-
proving the utmoft of our Abilities in the Ad-
vancement of their Service : And feeing God
hath now crowned our Endeavours with the End
of our Defires, viz. the difperfing of their Pub-
« lie
^ENGLAND.
lie Enemies, and reducing them to their Obe- An
dience, the King being now brought in; our
Brethren th<>£ro/rfatisfied and departed the King-
dom; all Dangers fee mingly blown over, and
Peace in all their Quarters; we, emboldened
by their manifold Promifes and Declarations tp
defend ?nd protect thofe that appeared and a&e4
in their Service, do herewith humbly prefent tp
your Excellency the humble Representation of
our Defkcs annexed; which we humbly befeech
your Excellency to recommend, or reprefent, in
our Behalf to the Parliament.
And your Petitioners jball honour and pray for
your Excellency .
The HUMBLE REPRESENTATION of the DESIRES
of the OFFICERS and SOLDIERS of the Army
under the Command of his Excellency Sir THO-
MAS FAIRFAX, prefenttd firft to his Excellency,
to be, by him, reprefent jd to the Parliament.
I. < IT? Hereas the Ncceffity and Emergency
« W of the War hath put us upon many
A&ions which the Law could not warrant, nor
we have adted, in a Time of fettled Peace; we
humbly defirc that, before the Time of our Dif-
banding, a full and fufficient Proyifion may be
made by Ordinance of Parliament, (to which the
Royal Aifcnt may be procured) for our Indemnity
and Security in all fuch Services.
II, c That Auditors, or Commiffioners, may
be fpeedily appointed and authorized to repair to
the Head Quarters of this Army, to audit and
ftate our Accounts, as well as our former Ser-
vices in this Army ; and that, before the Dif-
banding of the Army, Satisfaction may be given
to the Petitioners for their Arrears; that fo the
Charge, Trouble, and Lofs of Time, which
we muft neceflarily undergo in Attendance for
attaining of them, may be prevented (we having
had Experience that many have been reduced to
miferable Extremity, even altruft ftan-d for
^4 * van:
344
An. a» Car. I.
1647.
March.
£gaintt which
the Parliament
iflus a Declara-
tlin, anJ fend it
to Uwc General.
Vfre Parliamentary HISTORY
1 want of Relief, by their tedious Attendance);
* and that no Officer may be charged with any
' Thing in his Account that doth not particularly
4 concern himfelf.
III. ' That thofe who have voluntarily ferved
' the Parliament in the late Wars, may not here-
' after be compelled, by Prefs or otherwife, to
* ferve as Soldiers out of this Kingdom ; nor thofe
* that have ferved as Horfemen may bs compelled,
* by Prefs o'r otherwife, to ferve on Foot in any
' future Cafe.
IV. Ti.at furh in this Army as have loft their
' Limbs, arid the Wives and Children of fuch as
* have been (Lin in the Services, and Such Officers
* and Soldiers as have fuftained Loffes, or have been
f prejudiced in their Eflates, by adhering to the
' Parliament, or in their Pcrfons, by Sicknefs or
Imprifonment under the Enemy, may have fuch
c Allowance and Satisfaction as may be agreeable
' to Juftice and Equity.
V. ' That, till the Army be difbanded as afore-
' faid, fomf1 Courfe may be taken for the Supply
4 thereof with Monies, whereby we may be enabled
' to difcharge our Quarters; thrt fo we may not,
' for necVflary Food, be beholden to the Parlia-
* ment's Enemies, burthenfome to their Friends,
' or opprefiive to their Countries, whofe Preferva-
* tion we always have endeavoured, and in whofe
* Happ\nefs we do {till rejoice.'
Some other Evidences being alfo read, to prove
that this Affair was warmly carrying on in ths
Army, the Parliament thought pioper to be before-
hand with them ; and thereupon ordered the fol-
lowing Declaration to be printed and published,
nnd a Number of Copies 'hereof fent down in a
Letter to Sir Thomas Fairfax,
1HE r o Houi'es of Parliament having re-
ceived information of a dangerous Peti-
tion, with a Representation annexed, tending to
put the At my into a Diflemper and Mutiny, to
put Conditions upon the is£ilian;cnt3 and obftruci
« the
of ENGLAND.
f the Relief of Ireland^ which hath been contrived A
* and promoted by fome Perfons in the Army ;
* they do declare their high diflike of'that Petition,
? their Approbation and Efteem of their good Ser-
f vice who firft difcovered it, and of fuch Oftrcrs
* and Soldiers as have refufed to join in it ; and that
* for fuch as have been abufed, and, by the Per-
* fuafions of others, drawn to fubfcribe it, if they
* fhall, for the future, manifeft their Diflike of
' what they have done, by forbearing to proceed
6 any further therein, it (hall not be look'd on as
* any Caufe to take away the Remembrance and
' Senfe the Houfes have of the good Services they
' have formerly done; but they fhall be ftill re-
? taincd in their good Opinion, and (hall be cared
* for with fhe reft of the Army, in all Things ner
' ceflary and fitting for the Satisfaction of Perfons
* that have done fo good and faithful Service ; and
* as may be expected from a Parliament fo careful
* to perform all T-ings appertaining to Honour
' and Juftice: And, on the other Side, it is de-
' clared, That all thofe who fhall continue in their
' diftempered Condition, and go on in advancing
? and promoting that Petition, (hall be look'd up-
£ on, and proceeded againft, as Enemies to the
* State, and Difturbers of the Public Peace.'
This Declaration is expunged in the Commons
Journals^ and this Note put in the ?vlargin, Deletitr
per Ordlnem tertii Junii, 1647. fedente Curia ^ H. E.
The Reafons for which will appear in the Sequel.
2. The Lords received an Anfwer, from
the General, to tjieir Better and the foregoing De-
claration, which was aiio read as follows : (a)
for the Right Hon. the Earl of MANCHESTER.
My Lord, Walden, March 30, 1647. His Letter there.
* 1 Received your Lordfliip's Letter, with the uP°n*
* 1 Declaration of both Houfes of Parliament,
« and
(a] An Anfwer, much to the fame Purpofe, was wrote to the
Speaker of the Houfc of Commons, and is in Rufiwertb, Vol. VI,
P- 445-
3 46 The Parliamentary HISTORY
2j Car. I. an(j fhall take Care for fending Copies thereof
into the feveral Regiments of the Army, for the
April. fpeedy fuppreffing of the Petition ; notwithftand-
ing I had before commanded the Recall thereof,
and given Orders for flopping any further Pro-
ceedings in the fame ; afluring your Lordfhip, by
the good Afliftanceof God, neither that Petition,
nor any other Thing, fhould have come through
my Hands to the Parliament, which fhould have.
the leaft Countenance of Difobedience, or appear
in fuch a Drefs as might not be fit for the Juftice
and Honour of that eminent Judicature to look
upon : But not to trouble your Lordfhip any
longer, I take Leave to reft
Your Lord/hip's mojl humblt Servant,
THO. FAIRFAX.
Nothing material happening, we pafs on to
April q. When we find an Entry in the Journal*
of the following Letter and Examination, which
{hews what State the King was then in at Holden*
ly, and how narrowly watched by his new Guar-
dians.
A Letter from the CommifHoners with the King
at Holdenby.
For the Right Hon. the Earl */ MAN CHESTER,
Speaker of the Houfe of Peers pro Tempore.
My Lord) Holdenby ) April, 6, 1647.
TheCommif- ' HTH IS Afternoon, as the King was riding
fioners attending ' •*• from Holaenoy to go to Bowls at Boughton*
the King com- < he alighted, as ufually he hath done, at a narrow
feVpriwtSy* ' Bridge in the Way : at the End of which Bridge
given to him. * there ftood one Humphry Bofville. who had ferved
* formerly as a Major in his Majefty's Army, dif-
* guifed in a Country Man's Habit, with an Angle
* in his Hand, as if he had been fifhing ; and pri-
' vately conveyed into the King's Hand Letters
* from
of E N GJ, A N D. 347
from the Queen and Prince, as more particularly An. 23 c*r. L
appears in the Examination, which we fend your l647. ^
Lordfhip here inclofed. We have committed V— 7T/~T-'
him to the High Sheriff of this County 4 where
he is to remain untill your Lordfhip's Pleafure be
known. In Difcharge of our Duty we thought
fit to do this, and to give your Lordfliip a fpcedy
Account thereof, remaining
Tour Lord/hips mojl bumble Servant^
B. DENBIGH,
E. MONTAGUE.
The EXAMINATION of HUMPHRY BOSVILLE,
fame Time of Enford in Kent, and late Major in
Col. Colepeper's Regiment, in Lord Cleveland's
Brigade^ taken before the Commijfaners at Hol-
denby, April 6, 1647.
c HT^HIS Examinant faith, That this prefent
* K Day he did deliver to the King, as he was
* going to Bowls at Boughton, a Packet of Letters
' which he lately brought out of France from the
* Queen, with fome inclofed from the Prince, as
* the King was walking over a narrow Bridge near
« a Mill :
4 That he heard itdifcourfed before he came
4 over, that the Prince having a Defire, from a
' Senfe he had of his Honour, to accompany the
* Duke of Orleans in his Wars, hath; in one of
* the Letters, wrote to the King for Leave fo to
* do, the Queen Regent of France being otherwife
' unwilling to give her Confent:
* That the Lord Colepeper did afTure him, the
* faid Major Bofville, before he came out of France,
* that the Letters he brought tended much to
' Pence ; and which he is confident is true :
' That he was at Newcajlle the fame Day the
' King was delivered into the Englijh Commiflion-
' ers Hands ; and that he went thence into France,
* and carried with him a Letter from the King to
* th«
348 72v Parliamentary HISTORY
An. 23 dr. I < the Queen, which Letter he received from his
v I6*7' J c Majefty in the Morning of the faid Day :
ApriJ7~ ' That it is about a Fortnight fince he, the faid
' Bcfvillc) came into England ; and that he hath
* lodged two Nights in a Fir Bufh, and three
4 Nights in a Country Man's Houfe near the Place,
' waiting for an Opportunity to deliver the faid
« Letters:
' That he borrowed the faid Country Man's
* Cloaths for a Difguife, (but his Name or Dwel-
* ling he refufed to tell) in which he delivered the
* faid Letters, with an Angle in his Hand, as if
? he were fifhing :
' That he was commanded to deliver the faid
* Letters to the King's own Hands, which he had
' undertook to do : And faith, That if he could
* not have found an Opj>ortunity otherwife, he
* was refolved to deliver them to the King before
* the Commiflioners, although he had died for it ;
' conceiving the Letters conduced to Peace as
« aforefaid.
* This Examination being read unto him the faid
' Humphry Bofuille^ he acknowledged the fame t<j
« be true, but refufed to fet his Hand to it.'
By Order of the Commiffioner^
J. BURROUGHS,
In the Abfence of the Secretary*
The Meficnger The Lords ordered the foregoing Letter and
ofwhich is com- Examination to be communicated to. the Com-
"jttcdtoNew- mons, and that the faid Bofville be fent for: He
was afterwards committed to Newgate.
The Parliament were now bufy for feveral
Days, in (rating the Accounts of their Army, fix-
ing Rewards and more Pay on thofe Officers and
Soldiers that would go into the Service of 7r*-
land, &c. For which and other Difburfements,
they were forced to apply to the City for another
Loan of 200,000 /, at 87. per Cent, and which they
4 did
*A ENGLAND. 349
did not find the Citizens fo ready to comply with, An. 23 Car. 1«
notwithftanding the great Credit the Parliament t l6*7' J
was then arrived at. The Security propofed was, ApX1>
the Remainder of the Bifhops Lands, the Excife,
Delinquents Eftates, a new Ordinance for railing
60,000 /. per Menfem, for the Service of England
and Ireland, or any other Way the City could pro-
pofe and they could grant. The Common Coun-
cil referred this to a Committee of their own Mem-
bers, to confiderof it and draw up an Anfwer.
We find nothing elfe memorable about this
Time in either Houfe, except the following Let-
ter of Thanks from Archbilhop IViUiams, for th«
Favour he had lately received from the Parliament,
and which concludes that Prelate's Character.
April 20. A Letter from Dr. Williams^ late-
Archbiftiop of Tork^ was read.
To the Right Honouralle^ my very Noble Lord, ED-
WARD Earl of MANCHESTER, Speaker of the
Mojl Honourable Houfe of Peers.
RlgKt Honourable^
' TjAving underftood of an Ordinance pafied Archbiffwp Wfl-
« I \ your moft Honourable Houfe, for the par- Hams' s Leuer Of
* donins; of fuch Delinquencies (a) as fome Miftakes 7ha1nksrto ^^
rr- , . n • ' , • Lords, forpar^
« about the King's over- powering Parties in this doning ;his De.
« Country had drawn me into, I humbly bcfeech lin^uency.
« your Lordfliip to prefent my moft thankful Ac-
e knowledgement for their great Favour therein;
« as alfo of all other their gracious Refpe6ls which
* I have, without the leaft Merit of my own, ex-
" traordinarily enjoyed thefe Twenty-five Years;
* and may the great God of Heaven, fpeedily and
* plentifully, return them all into their noble Bo-
" foms.
4 And becaufe I am now to live, or rather to die,
* deveftedofall Power or Deference which might
' vindicate me from Contempt amongft a third
* Generation of Men from thofe I firft convcrfed
* with-
(4} See be/ore in this Volume, p. 2, and 171.
April*
Letters from the*
Scots Commif-
fi oners, defiring
• farther Appli-
cation to the
King for Peace,
Sec,
The Parliamentary H i s f o R V
withall, and fome Pharaohs peradvcnture whicii
knew not Jofeph ; if their Lordfhips (hall extend
their Goodnefs fo far4 as to protect me in a juft
and fair Way, in relation to any Service I have
heretofore endeavoured to perform to that moft
Honourable Houfe, it would make me, as moft
careful not to profane fo facred a Favour, fo to
live and die their moft obliged Servant and Vaf-
fal. Right Honourable Lord, I humbly take my
Leave, and am
Tour Lord/hip's
Moft obliged Servant,
JOHN late Archlijbop of York.
April 26. The Scots Commiffioners, fome of
whom were ftill refiding in London, fent a Letter
to the Lords, to defire their Lordfhips to appoint
a Committee to meet them, having fomething of
Importance to communicate, which they had re-
ceived from the Parliament of Scotland. A Com-
mittee of both Houfes were ordered to meet them
that Afternoon ; and the next Day the following
Papers were read in the Houfe of Lords.
And firft, the Letter from the Commiifioners
themfelves.
April 264 1647.
Right Honourable,
IN purfuance of the Commands of the Parlia-
ment of Scotland, we do herewith deliver their
Letter to both Houfes of Parliament, and are fur-
ther to let your Lordfhips know, that they look
upon it as a fpecial Blcffing from Heaven, that
God hath been pleated fo ftri&ly to unite thcfc
Kingdoms for fo good Ends by folemn League
and Covenant ; and as it hath been their conftant
Care, by all good Endeavours, inviolably to pre-
fcrve that happy Union according to the Cove-
nant and Treaties ; and is their firm Refolution
to cherifh and entertain every Mean which may
continue a good Corrcfpondency, and promote a
' fur-
tf E N G L A N D. 351
further Union ; fo the Experience they have of An' ^ p
Love and Kindnefs for their Brethren of Hug/and, *_ ^'
gives them Confidence that they will alfo con- April,
tinue to lay hold on all Opportunities which may
further and improve it; that fo, by joint Con-
filltatlons and Refolutions in what may concern
mutual Intereft and Safety, both may be ftrength-
ened againft the Common Enemy, a happy Peace
may be fettled upon a fure Foundation, and a
nearer Union attained and tranfmitted to Pofte-
rity ; in all which we are ready, according to the
Direction of the Parliament of Scotland, to con-
tribute our beft Endeavours.
By Command of the CommiJJiwers for the Partia*
ment of Scotland.
JOHN CHIESLEY.
Next, the Letter from the Scots Parliament,
mentioned in the foregoing.
Edinburgh •, March 1 5, 1647.
Right Honourable^
rHE Eftates of the Parliament being at this
Time employed about the Affairs of this
Kingdom, the ordering whereof could not admit
of Delay, have now taken Occafion to let your
Lordfhips know that they have appointed their
Commiffioners to join with iuch as fhall be war-
ranted by you, to defire his Majefty's Aflent to
the Proportions of Peace \ and to prefenttothe
Honourable Houfes the earned Defires of this
Kingdom, that Reformation of Religion and Uni-
formity therein, which was the chief Ground of
our Engagement in the Caufe, be fpeedily fettled
and put in Practice; that all good Means be ufed
for obtaining ajuftand folid Peace; and that it
is their hearty Refolution, and fhall be their con-
ftant Endeavours, to keep a good Underftanding,
and to cherilh and preferve the Union betwixt
the Kingdoms ; all which will be more particu-
larly made known to your Lordfhips by the Earl
of Laicltrdalt) and other Commiffioners, who are
* ful-
3 5 2 7^ Parliamentary HISTORY
' M °"' l' ' fully authorized with Inftrudions from this Kirigi
v ^ '. j e dom, and are hereby recommended to your Ac-
April, e ceptance, by
Yo'dr Lord/hips affettionate
Friend and Servant,
CRAWFORD and LINDSAY,
Prcfident of Parliament.
Thefe Papers were ordered to be communicated
to the Houfe of Commons.
April 27 . The Lords proceeded to read the De-*
P0^0115 °f feveral Officers and Soldiers in the Ar-
my, relating to the Difturbances there, and the
Hinderance given by fome to the Service of Ire-
land. In which we find that the Petition, with
the Reprefentation annexed, was delivered to the
General, but no Account of its Reception by him
is yet mentioned. After all thefe were read, the
Lords made the following Order and Vote :
Ordered^ < That all the Perfons mentioned in
the Report, which are Obftruftors to the Service
of Ireland^ fhall be lent for to appear before this
Houfe forthwith, to anfwer trie faid Offences, and
all tire Witnefies to attend.'
Refolvedi c That this Houfe, having received i
Report from thofe Lords that were fent down to
the Army, do think it neceflary that fpeedy Car6
be taken for providing of Money, that fuchofthe
Army as {hall not engage themfeives in the Ser-
vice of Ireland, may be difbanded and have fij^
Weeks Pay for their Arrears ; and thofe that fhall
engage themfeives, in that Service, may have fuch
a prefent Proportion of Pay as may give them En -
touragement to go on chearfully therein.'
The fame Day fome Officers of the Army prc-
fcnted to the Houfe of Commons, on Behalf of
themfeives and the reft of their Brethren, a Vin-
dication of the Particulars in their late Petition,
which was introduced in the following Manner:
*f ENGLAND. 353
the Honourable the Houfe of COMMONS ajfim- An.
bled in Parliament,
Apr>l.
je HUMBLE PETITION of the OFFICERS of the
Army iihder the Command of his Excellency Sir
Thomas Fairfax, on Behalf of themfelves and
the Soldiers of the Army,
Humbly Jheuucth,
T^ HAT your Petitioners being fenfible of
feme Diipleafure in this Honourable Houfe The Army's ?«••
aa;ainft them, through fomeMifmformation con- tition to the
cerning the Carriage and Managing of a late Pe- SSJd£u«
tition in the Army, do humbly ofrer unto your Reprefentation
Confideration the Paper annexed, for the better to General Fair-
clearing of our Intentions: Humbly deflring **x"
your favourable Conftru&ion and Acceptance .of
what is therein contained, according to the Inte-
grity with which it is prefented.'
And your Petitioners Jhall pray, &c.
Tbs VINDICATION of the OFFICERS of the Army
under Sir Thomas Fairfax.
THE Mifreprefentatlons of us and our harm-
lefs Intentions to this Honourable Houfe,
occafioningha.rd Thoughts andExpreflions of your
Difpleafure a^ainft us, \ve cannot but look upon
as a'n Act of. mod fad Importance; tending, in
our Appreherifions, to alienate your Affection^
from your ever trufty and obedient Army ; than.
which nothing can more rejoice your AdveriarLes,,
or minifter greater Hopes of their Re-advance-
ment : Nothing more clifcou; a^ing to us, who
(hould efteem'it the greateii Point of Honour to
ftand by you till the Confuqimation of your
Woik, the Removal of every Yoke from the
People's Necks, and the Eftabjilhment of thole
good Laws you (hall judge ncc<-{Iary for the Com-
mon-wealth.
4 Out of our Fears therefore of the Advantage
* that may be had therefrom and that the Honour-
VOL. xv, z * ^u:c
354 V&e Parliamentary HISTORY
2, car. I. c able Houfe may -retain the fame good Opinion
* of us they foimerly had, (whom God hath hi-
' l therto blefb'd with abundant Bleffings) we hum-
*'bly crave the Boldnefs to prefent unto you fome
* Rcafons, to clear our Proceedings in thofe Paf-
1 i. 2«s which we find mod obvious to Exceptions
* in our Petition; whereby we hope to make it
' evident to you, that we did no more than what
* Neceffity prompted us unto: That the Means that
* was ufed, and the Method we took was, as we
* conceived, rroft orderly and incffenfive, proceed-
* ing not in the leaft from Diftcmper, and aiming
* in no meafure at Mutiny, nor in any wife to put
* Conditions on the Paliament; and that you will
' from thence difcover the Corruptions of thofe
* Men's Hearts, who have been the evil Inftruments
* of occafioning your late Declaration againft us.
' For our Liberty of petitioning, we hope this
* Honourable Houfe will never deny it unto us;
*- we know not any Thing more eflential to Free-
4,dom, without which Grievances are remedilefs,
* and our Condition moft milerable. You have
4 not denied it to your Adverfaries ; you juftified and
c commanded it in your Declaration of the fccond
' of November 1642, in thefe Words, // is the Li-
* berty and Privilege of the People to petition unto as
* for the Eafe and Redrefs of their Grievances and
* Opprejfions, and we are bound in Duty to receive
* their Petitions. And we hope, by being Soldiers,
* v/e have not loft the Capacity of Subjects, nor
* diverted ourfelves thereby of our Intcrefts in the
* Common-wealth ; that in purchafing the Free-
v doms of our Brethren, we have not loft our own.
* Befides, we can inftance Petitions from Officers
4 in the Earl of E/ex's and Sir inUiam Waller's
* Army, even whilit they were in Arms, which
* were well received by this Honourable Houfc,
* with a Return of Thanks; and therefore we hope
* we (hall not be confidered as Men without the
* Pale of the Kingdom, excluded from the ,funda-
* irental Privilege of Subjects ^ efpccially fincc we
* ar«
of E N GX A N D. 35,-
t are confcious to ourfelves of nothing that may An. 13 Car.
4 deferve the fame. v 1(>*7'
4 We have not till now appeared in petitioning, April.
* though our Neceflities have been frequent and
* urgent ; not that we doubted our Liberty, but be-
1 caufe we were unwilling to interrupt you in your
* other weighty Affairs. And we proceeded at this
* Time with the greateft Care and Caution we
* could of giving the leaft Offence, intending not
c to prefent our Petition to this Honourable Houfe,
4 but with the Approbation and by the Mediation
* of his Excellency, our ever honoured General;
* knowing how watchful our Enemies were to make
4 the hardeft Conftru&ion of all our Actions, and
* reprefent us to you and the World under fuch
* Terms as may render us moft odious.
* You may fee the Infidies of them by the faife •
* Suggeftions they have already made to you, of
* our forcing Subfcriptions: The Reafonablenefs
* and Neceflities of our Defires, whereof almoft
* every Soldier is abundantly fenfible, will plead
4 the Vanity of fuch an Inrorcement ; efpecially
4 when it fliall be known that the Petition took its
* firft Rife from amongft the Soldiers; and that
4 we engaged but in the fecond Place, to regulate
* the Soldiers Proceedings, and remove, as near
* as we could, all Occafion of Diftafte.
4 For our Defires of Indemnity for fuch A&ions
' as (being not warrantable by Law in Time
4 of Peacej we were inforced unto by the Nc-
* ceffity and Exigency of the War, we are con-
4 ndent this Honourable Houfe will approve of it,
4 when you (hall be informed that the Soldiers are
4 frequently indicted at Aflizes and Seflions, and
* otherwife grievoufly molefted for fuch Actions,
* and .many lately fuffering for the fame; and
c that notwithstanding that Provifion you lately
4 made againft it, divers have had Verdi£b palled
* againft them this laft Affixes, for Actions done
* as Soldiers, as we are credibly informed. If this
* be pra&ifed during the Time of your Scfiion, for
* what we did through the Exigence of your Ser-
Z 2 • vice,
57? Parliamentary
vice, what cruel and violent Proceedings are vr:
like to find after you are pleafcd to diflblve ?
.rtpril. ' For tne particular Intimation that the Royal
* AfTentmay be defired, we never intended by it to
' Itflcn your Authority; but fince you have, by
' ofFcring the Piopofitruns, judged the defirir.g; the
' King's A (Tent convenient; fince likcwife th'e
* City of Lend::: made the fame Dcfir'e without
' Offence r As to vour Orders to the Judges, we
' know not how ThVcti;:.! they may prove to favc
' us from fuch i^roceWlng's after your Scffions.
* All thcfe Rcafons confiderecl will, wehope, mani-
* fe ft our Intentions in that Intimation to be only a
' provident Caution for our future Safety, without
* the Icaft Thought bFDifrefpecl: to your Authority.
* For the Delire of our Arrears; Neccflity,
* cfpecially of our Soldiers, inforced us thereun-
* to: That we have rot beerr mercenary, or pro-
' pofed Gain as our End, the fpecdy Ending of a
' languifhing War will teftify for us, whereby the
' People are much eafed of th« ir Taxes and daily
* Difburfempnts, and decayed Trade reftorcd to' a
' full and fiourifhing Condition in all Quarter's.
* We left our Eflatcs, and many of us our Traces
* and Callings to others, and forfook the Content-
.' nients" of a quiet Life, not fearing or regarding
* the Difficulties of War, for your Sakes. After all
* which we hoped that the Defires of ourhar'dly-
6 earned Wages, by the Mediation of our General,
* would have been no unwelcome Requell, nor
' argued us guilty of the leaft Difccntent or Intcn-
' tion of Mutiny.
c \VTe know not any Thing further in our Pct:-
4 tion which hath been cxcepted againft, but your
* Apprehcnfions that it tcndeth to hinder the Relief
' of Ireland, which we do not underiland wherein ;
* having always manlfeflcd, in all our Actions,
* our Readineis to-further that Work; unlefs you
* mean by that Defire, tlu.t ihnfe v.ho have iervcd
' Xrolv;ntarily [hpuld not be prcfled to go cut of fT.c
' Kingdom ; to which we humbly cf/cr this, Th. t
4 thcfe wiri have voluntarily fervcd in tiu-lc
'
cf ENGLAND.
* :ur I left their Parents, Trades, and Livelihoods ; Aa*
* and without any Coinpulfion, engaged of their
* own Accords, mould, after all their frc? and u:i-
* wearied Labours, be forced and compelled to go
* out of this Kingdom, whofe Peace they have fo
* much endeavoured with unwearied Pains, hoping
* thereby to have lived and enjoyed the Fruits of
* their Labours, would to them feem very hard :
' But befides this, our feveral Votes and Engager-
* men's, March 21, to endeavour the Service of
* Ireland what we could, will clear us, and prove
* our good Affections in promoting that Work; and
1 therefore we hope what hath been faid will re^
4 move all Scruples, andreftore us to the good Opi,
4 nion of this Honourable Houfe : In Alfurance
* whereof, and in Confideration of the Premiies,
4 we are further emboldened to make thefe our
* Requefts unto this Honourable Houfc.
1. * That you will be pleafed to alb\v us our
4 Liberty of petitioning in what m ly concern us
4 now as Soldiers, and" afterwards as Members of
* the Common-wealth.
2. 4 Since, Upon the falfe Suggeflions of fo:ne
* Men informing you that this Ariny intended
4 to enflave the Kingdom, the Honourable Houfe
4 was fo far prevailed withall as to fumrnon divers
4 of us to appear at your Bar (*), and to pafs o De-
Z 3 4 claratioR
(rf) This Pafla?« allules to a Tranfaetion of the fir ft of th;-; Month,
in the Houfe of Commons, of which Mr. Rujif.uonb gives the fol-
lowing Account: ' Lieute-iant-G^n-ral H.mr.vnd, C >! me! H.III- '
mind, Lieutenant-Colonel Pride, GV. attending at the Door, they:
were called in ; when the Speaker told Colonel Pride. Tlut :!:»
Houfe was infrav-l that he fh >ald read a Petition (of which the
Hb'ufesha.l an ill Senfe) at the Head of Colonel Har!:y'i R;-inajat ; .
and that tiiere were threatening Speerhes given out, tnat ilule
that did net fuhfcribe it Should be caihicred the Army, "r. To
which Colon.:! Pndc p.ive for Anfwer, That the, e was no Petition,
either by himfelf'or by his Appointment, re.ul at the HaaJ
faid Colonel 7/rrA-y'j fCtgiment j and that there wa; no menicinj.
orthreatning Words nfed, and denied the wh m 10
did the reft bf'thtirt, and gave good Satisfaction in Aoft»er to
was demanded of them.' CMeiliM, Vol. VI. p. 4;-
B-.it Lor.l l^'l i, in his Mtmiirs, calls this AnlV:r '^' Coh-
nel Pri <ie's mere Collufion anJ Equivocation; which he th
counts for, by fiyin,', ' That whe-s the CO!H. } wtfll.
cau.i ig i he Pciiti n i ! . read -.t th.- litrai of i.is tl^rn-t.i li: J;--
The Parliamentary HISTORY
claration, thereby exprefling your high Diflike
of our Petition, declaring it tended to put Con-
ditions upon the Parliament : The Senfe of fuch
Exprefiions is fo irkfome to us, who have ven-
tured whatfoever we efteemed dear to us in this
World for Prefervation of your Freedom and Pri-
vileges, that we cannot but earneftly implore
your Juftice in the Vindication of us, as in your
« Wifdom you fhall think fit.'
This Petition was fubfcribed by Col. Thomas
Hammond, Lieutenant-General of the Ordinance,
by feven other Colonels, feven Lieutenant-Colo-
nels, fix Majors, 130 Captains, Lieutenants, and
other inferior Officers (d}.
April 30. The faid Petition and Vindication
4 Letter prefent- were read. After which Major-General £ktppon(e]
•d to them by fe- produced a Letter presented unto him the Day be-
fore, by fome Troopers of feveral Regiments in
the Army, in Behalf of eight Regiments of Horfe;
wherein they exprefled fome Reafons why they
could not engage in the Service of Ireland^ under
the prefent Conduct ; and complaining of the many
fcandalous and falfe Suggeftions, that were of late
raifed againft the Army and their Proceedings,
whereupon they were declared Enemies to the Pub-
lic; and that theyfaw Defignj were upon thenv, and
jnany of the godly Party in the Kingdom : — That
there was an Intention to dlfband and new model
the
eied it ftoutly 5 becaufe, it feems, it was but at the Head of every
Company, the Regiment not being drawn up together.' He adds,
* That notwithstanding all this, the Houfe, willing to bury what wa*
paft, and hoping it would have gained them to a better Obedience for
the future, fcnt them down again, rather with Refpeft than othcrwife,
acquiefcing with their Denial-' And further remarks, * That this
very Ait of Clemency was turned againft them ; and when the
Army came afterwards to do their Work bare-faced, no longer to
«xcufe but juftify that Petition, nay make the Parliament crimi-
nou! for oueftioning it, they upbraided the Houfa with fending up
for the Officers from their Charge, when they had nothing to fay
ajainft them.
tJ»!Mi Tlfrmoin, p. go.
(</) Their Names are ail orint»d in Rxf/SKarib, Vol. VI. p. 471.
(t, Hid. p.474.
of ENGLAND. 359
thcArmy(/); which, they faid, was a Plot contrived An. i3 car. r«
by fome Men who had lately tafted of Sovereignty; ( l6>v7'
and, being lifted up above the ordinary Sphere of April. "^
Servants, endeavoured to become Mailers, and
were degenerated into Tyrants. They therefore
declared, That they would neither be employed
for the Service of Ireland, nor fufFer themlelves to
be difbanded, till their Defires were granted, and
the Rights and Liberties of the Subjects fhodd be
vindicated and maintained.'
The foregoing Letter being recommended to the creat rebate.
Confideration of the Houfe by General Skippon (g ), thereupon.
the reading of the Army's Vindication was laid
afide ; and the three Troopers, viz. Edward Six-
ty (h), WiHiam Allen (/'), and Thomas Sheppard^ who
came with the Letter, (and who had prefent-
ed Copies of the fame to Sir Thomas Fairfax the
General, and to Lieutenant-General Crom^i-Jl^
both which were brought into the Houfe at the
fame Time) were ordered to be fent for in; where
feveral Queftions were propounded unto them,
concerning the contriving, drawing up, and fub-
fcribing of the fame. They affirmed it was drawn
up firft at a Rendezvous of feveral of thofe Re-
giments, and afterwards they had feveral Meet-
ings about it by Agents from each Regiment in
feveral Places. Being demanded, Whether their
Officers were engaged in it? They anfwered,
That they thought very few of them knew or took
Notice of it. Then, upon Intimation that fure-
ly this Letter came by Promotion of Cavaliers in
the Army, it was demanded of each of the Troopers
feverally by themfelves, Whether they were Cava-
liers ? To which Anfwer was returned, That they
had engaged in the Parliament's Caufe ever fmcc
Edge-Hill Battle, and fome wounded there; at
Z 4 Brent-
(/) Cl*rtndo«, Vol. V. p. 44.
{g) He had been feme litik Time before elected Member for
B*r*flaf>!t.
(4) Afterwardt a Colond.— («') Sometime after A^jutant-Ocnrrai
under Crcmwc.",
360 Ibe Parliamentary HISTORY
i. 23 Car. i. Brentford, at Newbery, at Henley, under Major-
_ , General Skippon; and that they had been engagrd
.April. in aii the Services fince his Excellency mil march-
ed into the Field.
Then they were demanded, What the meanuig
of that Claufe was, wherein the Word a Sovereign-
ty was exprefied ? They feverally being called, one
by one, anfwered, That the Letter being a joint
Act of thofe feveral Regiments, they could not
give a punctual AnAver, they being only Agents;
but if they might have the Queries in WTritine,
they {hould fend or carry them to the feveral Re-
giments, and return their own Anfwers together
with and comprized in the reft. After all thefe
Examinations, they were ordered to attend the
Houfe upon Summons.
General £W/<w writes (k], c Thatafter the read-
ing of the Petition, fome of the Membeis moved
that the Meflengers might be committed to the
Tower, and the Petition declared feditiousj but the
Houfe, after a long Debate, fatisfied themfelves to
declare, That it did not belong to the Soldiery to
meddle with Civil Affairs, nor to prepare or pre-
fent any Petition to the Parliament without the
Advice and Confent of their General, to whom
they ordered a Letter to be fent to defire, for -the-*
future, his Care therein; with which acquainting
the three Agents, and requiring their Conformity
thereunto, they diimifllj them,' He adds, c That
the Houfe having Notice of this Combination a-
gainft them from Coi. Edward Harley, one of
their Members, who had a Regiment in the Army,
expreu"ed themfelves highly diflatisfied therewith ;
and fome of them moved that the Petitioners might
be declared Traitors, alleging that they were Ser-
vants, who ouqht to pbe.y, not to capitulate. —
Others were not Wanting, who refolved the fecu-
rinp; of Lieutenant -General Crormve/l, fufpecling
that he had under-hand given Countenance to this
:-, ;' but he being' advertifed of it, went that
Af-
£i; Jl'firo-rt, Vol. I. p. rjO.
of E N G L A N D. 361
Afternoon towards the Army, fo that they milled AO. 2-5 Car.
of him, and were not willing to fhew their Teeth
fmce they could do no more. The Debate continu-
od till late in the Night, and the Senfe of the Houfe
was, That they fhould be required to forbear the
Profccution of the faid Petition; but when the
Houfe, wearied with long fitting, was grown thin,
Mr. Denz'd Holies, taking that Opportunity, drew
up a Refolution upon his Knee* declaring the Pe-
tition to be feditious, and thofe Traitors who fhould
endeavour to promote it after fuch a Day; and pro-
mi fin g Pardon to all that were concerned therein,
if they fhould defiil by the Time limited. Some
of us, fearing the Confequence of thefe Divifions,
exprefled our Diflktisfc&ion, and went out ; which
gave others Occafion to pals two or three very {harp
Votes againft thcfe Proceedings of the Army.'
Lord Hollfss own Account of the Matter runs
thus (/) : The Letter prefented to the Houfe, by the
three Agitators before-mentioned, was an Ex-
clamation againft the Parliament; falfe and un-
true Complaints of Wrongs done to the Soldiers at
Affizcs in the Counties; a Protection againft the
Jrijb Expedition, calling it a Dcfign to break: the
Army, declaring, even if any of thofe three 'Com-
manders [Fairfax, Crcmiccll, and Skippcn'] (hdbld
engage, their Adverfeneis to it ; tho' Skippon was
appointed by the Parliament to command _ in Ire-
land, and had accepted it; in plain Engiifli faying
they would not difband, nor receive any.other Pro-
p'olitions from the Parliament, till their Expecta-
tions were fatisned.
* The three Agitators, being called into the
Houfe, carried themfelves at the Bar in a flight-
ing braving Manner, refufing to anfwer fuch Que-
ftions as the Speaker, by Order of the Houfe, afiad
them; faying they were employed by the Army,
and could not, without Leave irom thence, difcovtr
any Thing. Many of the Members refenting this
high Affront, were earneft to have themfevcrely pu-
nffhed ;
(l)Mcm»irs, p. 84, 89.
362 ^ Ihe Parliamentary HISTORY
. 23 Car. I. nifhed; but the Party [the Independents'] flood as
ftifiyfor them, infomuch that the worthy Burgefs
°f Newcqftle^ Mr. Warmouth, flood up and faid,
Pie would have them committed indeed, but it
fnould be to the beft Inn of the Town, and good
Sack and Sugar provided them; which was as ridi-*
culous as it was a bold and infolent Scorn put upon
the Pailiament; at laft even Mr. Skippon himfelf
excufed them, and faid, They were honeft Men>
and wiflied they might not be too feverely dealt
with; whereupon the Houfe flatted, let them go
without Punilhment, and by Tamenefs increafed
their Madnefs and Preemption.'
His Lordfhip proceeds to inform us, c That when
they had wrought this Feat, Sir Thomas Fairfax
himfelf came to London, upon Pretence of taking
Phyfick; Cromwell^ Ireton, Fleetwood^ and Rainf-
larough) who were Members of the Houfe of Com-
mons as well as principal Officers of the Army,
kept the Houfe, that the Soldiers might be left to
themfelves to fire the more, run up to Extreams,
and put themielves into a Pofture to carry on their
Work of Rebellion with a high and violent Hand ;
but in the mean Time difclaimed thefe Proceedings,
blaming the Soldiers at that Diftance, (as Cromwell
did openly in the Houfe, protefting, for his Part,
he woufd ftick to the Parliament) whilft, under-*
hand, they fent them Encouragement and Direc-
tions ; for nothing was done there but by Advice
and Countenance from London^ where the whole
Bufmefs was fo laid, the Rebellion refolved upon,
and the Officers that were in Town fo deeply en-
gaged, that when the full Time was come for
putting Things in Execution, my Friend Crom-
uidl^ who had been fent down by the Parliament
to do good Offices, was come up again without
doing any ; and he who had made thofe fo~
lemn public Proteftations, with fome great Impre-
cations on himfelf if he failed in his Performance,
did, notwichftanding, privily convey thence his
? Good*
of E N G L A N Di 363
Goods (which many of the Independents lilcewife An. r^ Car. I.
did, leaving the City and Parliament as marked out ^ ' j
for Dcftruftion); and then, without Leave of the Aprii.
Houfe (after fome Members mifling him, and fear-
ing him gone, had moveJ to have him fent for;
whereupon he beins, as it feems, not yet gone, and
having Notice of it, came and fhevved himfelf a
little in the Houfe) did fteal away that Evening, I
may fay run away poit, down to the Army.'
Lord Clarendon concurs with the two laft Me-
moralifts as to the Sufpicions concerning Cromwell^
and the Intention of apprehending him, which he
Introduces in this Manner (m}:
' Cromwell^ hitherto, carried himfelf with that
rare Diffimulation (in which fure he was a very
great Matter) that he feem'd exceedingly incenfed
againft this Infolence of the Soldiers ; was fr.il 1 in
the Houfe of Commons when any fuch Addrefles
were made; and inveighed bitterly againft the Pre-
fumption, and had been the Caufe of the Commit-
ment, of fome of the Officers. He propofed,
' That the General might be fent down to the
4 Army ; who, he faid, would conjure down this
* mutinous Spirit quickly :' And he was fo eafi-
!y believed, that he himfelf was fent once or twice
to compofe the Army ; where, after he had ftaid
two or three Days, he would again return to the
Houfe, and complain heavily * of the great Licence
that was got into the Army; that, for his own
Part, by the Artifice of his Enemies, and ofthofe
who defired that the Nation fhould be again im-
brew'd in Blood, he was render'd fo odious unto
them, that they had a Purpofe to kill him, if,
upon fome Difcovery made to him, he had not
eicaped out of their Hands.' And, in thefe and
the likeDifcourfes, when he fpake of the Nation's
being to be involved in new Troubles, he would
weep bitterly, and appear the moft affli&cd Man
in the World with the Senfe of the Calamities
which were like to enfue. But, as many of the
wifer
(*) Hiftory, YoJ. V. p. +t, ~
364 The ParTiamentary HISTORY
An. 27 C*r. I. wifer Sort had long difcover'd his wicked Inten-
i'H> ^ tions, (b his Hypocrify could not longer be con-
V~"J~^ .'. The nv;ft active Officers and Agitators
wer^ known to be his "own Creatures, and fuch
who neither did, nor would do, any Thing but
by his Direction. So that it was privately refolv'd
by the principal Perfons of the Houie of Commons,
that when he came the next Day into the Houfe,
which he fe'dom omitted to do, they would fend
him to the Tower ; prefuming, that if they had
once fevcr'd his Perfon from tne Army, they fhould
cafily reduce it to its former Temper and Obedi-
ence : For they had not the leart Jealoufy of the
General, Fairfax, whom they knew to be a Per-
fect Prefbyterian in his Judgment; and that Crcm-
•ujtll h id the Afcendant over him purely by his
DiHimubtion, and Pretence of Conference and
Sincerity. There is no doubt Fairfax did not
then, nor long; after, believe that the other had
• thofe wicked IXfi^ns in his Heart againft the King,
or the leaft Imagination of difobeying the Parlia-
ment.
4 This Purpofe of feizing upon the Perfon of
Cromwell, could not be carried fo fecretly, but
that he had Notice of it; and the very next Morn-
ing after he had fo much lamented his defperate
Misfortune in having loft all Reputation, and Cre-
dit, and Authority in the Army, and that his Life
would be in Danger if he were with it ; when the
Houfe expected every Minute his Prefence, they
were inform'd that he was met out of the Town
by Break of Day, with one Servant only, on the
Way to the Army; where he had appointed a
Rendezvous of fome Regiments ofthe Horfe, and
from whence he writ a Letter to the Houfe of Com-
mons, ' That having the_Night before receiv'd a
1 L'jtrer from fome Officers of his own Regiment,
.i; the Jra'oufy the Troops had conceiv'd of
* him, and of his Want of Kir.tlnels towards them,
l.waV much abated, 'fo th.it they bclicv'J, if he
c would be quickly prc font with them, they would
'. all .in a. fliort*Tirhe, by hi: Advice, be reclaim'd:
' Upon
^, of E N G L A N D. 36-5
Upon this he had made all the Hafte^he could, An. 23 Car. I-
and did find that the Soldiers had been abufed by t l6*7' /
Miftnformation; and that he hoped to difcover
the Fountain from whence it fprung; and, in the
mean Time, defi red that the General, and the
other Officers in the Houfe, and fuch as re-
main'd about the Town, might be prefently fent
to their Quarters ; and that he believ'd it would
be very necefiary, in Order to the Supprefiion 6f
the late Diftempers, and for the Prevention of
the like for the Time to come, that there might
be a general Rendezvous of the Army; of which
the General would beft confide r when he came
down, which he wifhed might be haften'd. It
was now to no Purpofe to difcover what they had
formerly intended, or that they had any Jealoufy
of a Perfon who was out of their reach.'
Mr. Whitlocke here obferves (m), 'That a victori-
ous Army, out of Employment, is very inclinable
to affurne Power over their Principals ; and this, he
adds, occafioned the Parliament's greater Care to
hnd them Employment in Ireland? In another
Place, after fome four Petitions had been prefented
to the Houfe, and fome Printers taken up for pub-
liming two Pamphlets^ one called Judge Jenkins's
Vindication^ and another intituled, ^\r Dudley Digges
tf the Llegality ofSubjefts taking Arms againj? their
Sovereign, he adds, c Thus we fee there is nothing
conftant in worldly Affairs; the Parliament having
Conqueft and Succefs after their own Defires, yet
are now miferably iiuumbered with' the Mutinouf--
nefs of their Army on one Side, with the Petu-
lancy of Pamphlets and difcontented Petitions on
the other.'
We have been- the more particular in this Di-
greflion, as thefe Intelligences from the Contem-
porary Writers tend fo much to clear .up the re-
markable Affair of the Seizure of the King by Cor-
net Joyce ) which now hafrens-upon us.
May
r:.i''., p, 2jO.
Examinations,
&c. relating to a
Letter in Cyphers
defigned to be de-
livered to the
King.
366 The -Parliamentary His ToR Y
An. « 3 Car. I. May 13. A Letter from the Earl of Denbigh,
addrefTd to the Speaker of the Houfe of Peers,
May. was read, with the Examination of John Brown
and Mrs. Mary Cave, and a Cypher, fent to the
King from Mr. AJhburnham.
My Lord, Holdenby, May 12, 1647.
WE fend you here inclofed a Petition which
ferved only as a Cover to a Cypher on
the Backfide thereof, and was to have been de-
livered to his Majefty by Mrs. Mary Cave. It
was brought to her by one John Brown, Servant
to Air. AJhburnham, then at the Hague, he being
newly removed, as Brown affirmed, out o{ France
into thofe Parts. All the other Particulars your
Lordfhip will find in the inclofed Copies of their
Examinations.
4 Captain Abbot, the Bearer hereof, did firft dif-
cover the Bufinefs to us, being made acquainted
with it at the Place where he quartered ; and
fince, in the Management of it, he hath carried
himfelf very difcreetly. \Ve have fecured their
Perfons with the Mayor of Northampton till your
Plcafure be further known, which we defire your
Lordihip to fignify to
Tour Lordjhip' $ httmble Servants,
B. DENBIGPI,
ED, MONTAGUE.
"be EXAMINATION of JOHN BROWN, taken be-
fore the CommiJ/loners at Holdenby, May jj,
1647.
'"I "HIS Examinant faith, about two Months
X fince he received the Petition, with the
Cyphers on the Backfide thereof, from Mr. Afo-
bttrnham at the Hague, and did fee Mr. Ajbburn-
ham write the Petition, but not the Cyphers.
' That about three Weeks fince he delivered
the Petition and Cyphers to Mrs. Mary £/:•.•-,
who undertook to deliver it to the King; and
that he was induced thereunto, being acquainted
« with
*/" ENGLAND. 367
4 with her when the King was at her Father's An. 13 Car. I.
c Houfe, with Mr. /IJhburnbam, as his Majefty came
* from Oxford to the Scots Army. , M
* That he had an Order from his Majefty by
* Sir James Lilly y to attend upon Mr. AJbburnham
' at the Hague.
* That he never loft any Goods at Sea, as is fet
* forth in the Petition; but that the Petition was
' meerly written to be a Colour, that he might the
* better deliver the Letter to the King which Mr.
* Ajkburnham gave him.'
JOHN BROWN.
The EXAMINATION of Mrs. MARY CAVE,
Daughter to WILLIAM CAVE, of Stamford, in
the County <?/" Lincoln, Efq ; taken before the Com-
mijjloners at Holdenby, May n, 1647.
*~pHIS Examinant faith, That one Brown de-
livered her the Letter, a Fortnight or three
Weeks fmce, from Mr. AJhburnham, and brought
it to her as a Petition, and defired her to deliver
it to his Majefty for Mr. AJhburnham, who is at
the Hague : But upon View thereof faith, That
(he faw it was more than a Petition, but did
not know what it was, yet undertook to deliver
it to the King.'
MARY CAVE.
The Earls of Kent, Lincoln, Rutland, and Man"
cbeftery were appointed to endeavour to explain this
Cypher.
May 1 8. The Lords received a Packet from
their Commiflioners at Holdenby, with a Paper in-
clofed in it from the King, which contained an
Anfwer from his Majefty to the Parliament's Pro*
pofitions delivered to him at Newcaftle. Mr. Rujk-
li'orth fays that this Anfwer is large and well penn'd,
yet hath given us no more of it than a ftiort Ab-
itraa of half a Folio Page (») : But we think the whole
deferves more Notice, and therefore we give it
from a Pamphlet of this Year (0), compared with the
Copy
(») Cofleaiont, Vol. VI. p. 487.
(*) (.enJtn, printed for Ricbard Royjir..
T'/je Parliamentary HISTORY
I- Copy in the Lords Journals : This Meflage con*
tains many Things, efpccially in the Preface,
greatly relative to that unhappy Prince's Condi-
tion at that Time. It was ufhered in byiheiul-
lowing Letter from the CommiflionerS at //<jAlv/7,
addreflcd to the Earl of Mandnjicr.
Hddenly, May 13, 1647.
My Lord,
' vf/HEN we font a Letter heretofore from
' *• the King to the Houfes, we acquainted
* your Lordfhip that we held it our Duty not to
* hinder any Intercourfe between his Majefty and
* the Houfe, and earneiily defired Directions upon
' .the like Occafions for the future ; but having
fc therein heard nothing to this prcftnt, we there -
' fore thought it fit to fend this Letter, which was
* delivered to us by his Majefty Yefterday about
* eialit or nine of the Clock in the Evening. We
1 have not feen the Particulars thereof but did con-
< ceive, from what his Majefty told us, that it coii-
« cerns the Propofiticns. We remain,
. My Lord,
Tour Lordjhip's humble Servants,
B. ""DENBIGH,
ED. MONTAGUE.
The King's Meflage runs thus :
His MAJESTY'S Moft Gracious MESSAGE from
Holdenby, May 12, 1647.
For the SPEAKER of the Lords Houfe pro Tern-
pore, to be communicated to the LORDS and
COMMONS in the Parliament of England, at
Wcjlminjhr^ and the COMMISSIONERS of the
Parliament of Scotland.
His Majefty'i
Anfwer to the
Proportions of
/I S the daily Expectation of the Coming of the Pro-
-^* portions hath made his Maje/ly, this longtime,
Peace prefented f/j forbear giving his Anjwer.. unto then, jo the Ap-
title11 at NCW" Pearance °f *k'r fend'n2 bang no more, for any
cf ENGLAND. 369
*fh\ng he can hear, than it was at his firjl coming An, 23 Car. 1.
hither, Httwithjtanding that the Earl y Lauderdale
hath lean at London above ttjef* i;n Days, (whofe
not coming was fetid to be r/.v orly Stop] hath caujed
his MajeJJy thus to ancipitat their coming to bun ;
and yet conftdering hi: Condition, that his Servants
are denied Acccfs to him, all but very few ', andthofe
by Appointment, not hi: own Elettiun ; and that it
is declared a Crime for any but the CommiJJtoners9
or fuch who are particularly permitted by them, to
convsrfe with his Majefty ; or that any Letters Jhould
be given to, or received from him, may he not truly
fay, that he is not in a Cafe fit to make Concejfions, or
give Aiifwen, ftnce he is not Mafler of ihcje ordina-
ry Aclions which are the undoubted Rights cf any
free-born Man, how mean foevcr his Birth be ?
And certainly he would Jt ill be filent as to this Subject,
untill his Condition were much mended, did he not
prefer fuch a right Under/landing betwixt him and
his Parliaments of both Kingdoms, which may make
a firm and lofting Peace in all his Dominions, before
any Particular of his own, or any earthly Blejftng :
And therefore his Majelly hath diligently employed his
tttmo/l Endeavours for divers Months $ajl, fo to in-
form his Undemanding-, and fatisfy his Confcience,
that he might be able to give fuch Anjwers to the
Proportions, as would be mofl agreeable to his Par-
liaments; but he ingenifufjy profcljes, that notwith-
Jlanding all the Pains that he hath tahsn therein, th*
Nature of fame of them appears fuch unto him, that^
without difc!a:m':n7 that Ri.-.fm which God hath
given him to jud~^ by fir the Good of him and his
People, and will:::: 'f,utiin<r the greatejl Violence tip-
en his c\vn CenjcietXi . /'v cgnnot giiit his Confent t?
all of them: 1\t his yi-/;;:;v>', that it may appear iv
ail the World how dtjirous ht iito "ive full Satisfac-
tion, hath thffughi fit >.-. ••<-/} h'.s R.eadineft
to grant what > •• •;• . • ;.-. a •: <- receive
from them, and Rwfcs
at Weftminlter fijal! ,:::j further
Information in • . 'fadg-
frit-ntj and fatisfy t'^fe Doubts ;;ct vet
VOL. XV. A a
<Ike Parliamentary HISTORY
• clear unto him ; defiring them alfo to confider, that
if his Mcijijly intended to wind himfclf out of theft
Troubles by indirect Means, wereit not eafy for him
now readily io confent to what lath or (hall be pra-
poffd unto him, and afterwards chufe his Time te
break all; alledging-, that forced ConceJJions are not
to be\ kept ? Surely he might , and not incur a hard
Cenfure from fome indifferent Men. But Maxim}
tf this Kind are not the Guides of his Maje/iy's Ac-
tions; for he freely and clearly avows-, that he holds,
it unlawful for any Man, and moft bafe in a Kingy
to recede from his Promifcs for having been obtained
by Force or under Rejlraint: therefore his Majejiji
[nof only rejecling thofe Afis which he ejleems umvor*-
thy cf him-, but even pajfing by that which he might*
sir// infill upon, a Paint of Honour in refpecJ of his
prtfod Condition) thus anfwers thefirjl Proportion f
That upon his Maje/iy's connng to London, hi
will hedriily join in all that foal /concern the Honour
of his two Kingdoms * or the AJJembly of the States
of Scotland, or of the Commifioners or Deputies of
either Kingdom, particularly in thofe Tln^gs whiclt
are df fired in that Propofition^ upon Confidence that
all of them refyeftively, with the fame Tendernefi^
will look upon thofe Things which concern his Ma-
jtfiy's Honour,
In Anfwer to all the Proportions concerning Rcli-*
fian^ his Majtjiy propvfeth, That he will confirm
the Prejbyterial Government, the AJ/imbly of Di~
'» for l '
at Weftmiriftcr* and the Direftory, for three
being the Time Jet down by the two Hottfei j
fo that his Mnjellj c*ud his Hotijhold be not hindred
from that Form of God' f Srevice which they former-
ly have bad; and^ alfo^ that a free Confutation and
Debate be had with the Divines at Weftminfter,
(twenty of his MajtflfS Nomination being added
unto them) whereby it may be determined by his Ma-
iejly ana the two Houfes, how the Church Jhatt be
governed after the faid three Tears^ or fooner, if
Differences may be agreed.
Touching the Covenant ; his Majejly is not yd
tltrcin jatifady and defirn to rejpite his particular
Anfwn
^ENGLAND. 371
Jlnfwer thereunto untill his coming to London ; be- An. 23 car. I«
raufe, it being a Matter of Confcience, he cannot
give a Refolution therein till he may be aflifted with
the Advice offome of his own Chaplains, which hath
hitherto been denied him, And fuch ether Divines at
Jhall be mo ft proper to inform him therein; and then
he will make clearly appear , both his Zeal to tht
Proteftant Profijficn, and the Un'un of theje tw*
Kingdoms, wmch he conceives to be the main Drift
if this Covenant.
To the Jeventh and eighth Proportions^ his Ma-
jtjiy will confent..
To the ninth, his Majcjly doubts not but to givi
good Satisfaction, when he facdl be particularly in~
formed how the faid Penalties /hall bt levied and
difpofed of,
' "To the tenth, his Maje/ly't Aifwer is, That ht
bath been always ready to prevent tht Practices of
Papi/is ; and therefore is content is pafi an Aft of
Parliament for that Purpcfe: And, alfo, that the
La iv! agalnji them l-e duty executed.
His Moj'ejly will givt his Ajjent to the Aft fir
the due Ohfervation of the Lord's Day ; far the Suf>-
preffing of Innovation!, and thofe concerning tin
Preaching cf God's Ward; and touching Non-ReJi-
tlence find Pluralities.
His Majejly will yield to fuch Acl cr Afls, as/haft
be reqiiijite to raife Afoktts'for the Payment and fa*
lisfying all public Debts, expelling alfo that his
will be therein indued.
As to the Pr-jpofition touching the Militia ; though
t::s Majejly cannot cogent unto it in Terminis as it
ts pnpsfi'd, becaufe thereby, he conceives, he wholly
parts with tkj Pciver cf the Sivord intr lifted to him
/•/ God and the Laws of the Land, for the Protec-
tion and Government of his Pi-^ph ; thereby at ana
dlvejYmg himfelf and ^/inheriting his Pcfterity,
tf that Right and Preffsathrf of the Crown whiJt
ts abfohitely necfffiiry to the Kingly Office, and fo
weaken Monarchy in this Kingdom, that little more
tbav tb: l\sme and Sb-idwj of It vj'iil remain : Yet,
A a 2 if
372 The Parliamentary H i s T o R v
An. 43 Car. I. /^ jt be only Security for the Prcfervation of tbt
647> , Peace of this Kingdom, after the unhappy Troubles,
Wav and the due Performance of all the Agreements which
are now to be concluded, which is dejired, (which
his Majejly always underjtocd to be the Cafe, and
hopes that herein he is not miftaken) his Majejly
will give abundant Satisfaction ; to which End hi
is willing , by Att of Parliament^ that the whole
Power of the Militia, both by Sea and Land, for the
Space cf ten Tears •, be in the Hands of fuch Perfons
as the two Houfes Jhall nominate, giving them
Pcwe", during the jaid Term, to change the faid
Perfcns, and fubjlitute others in their Places at Plea-
fur e ; and afterwards to return to the proper Chan-
nel again, as it u'cis in the Times of llihieen Eliza-
beth and KtKg Jatne?, of blfjjed Memory. And
now his Majejly conjures his two Houfes of Parlia-
ment^ as they are Englifhmcn and Lovers of Peace,
by the Duty they owe to his Majejry their King, and
by the Bcwels of CompaJJion they have to their Fel-
low Subjefis, that they will accept of this his Ma-
jejlys Offer, wherel.y the joyful News of Peace may
be reflated to this languijhing Kingdom. His Ma-
jejly will grant the like to the Kingdom of Scotland,
«/ ;/ be defired, and agree to all Things that are pro-
pounded touching the confer ving cf Peace betivixt the
two Kingdoms.
Touching Ireland (other Winvs being agreed) h'n
Majejly ivill give Satisfaction therein.
As to the mutual Declarations prapufedio be cjla-
bliJJjfd in both Kingdom; by Aft of Parliament, and
the Modifications, Qualifications, a;;d Branches
which follow in the Fropofithns ; his Majejly only
frofe@at That he doth nut Ji'jpcisntly underjland,
nor is able to reconcile many Thing: contained in
them, but this he well knowelh, That a general Aft
cf Oblivion is the be/f Bond cf Peace ; and that, af-
ter fntf/fifie Troubles, ths Jyifdom of this and other
Kingdoms hxth nfually and happily, in all Ages,
granted gzr.eral Pardons \ whereby the numerous
Diftontetitmenii of many Perfins. and their Families
other-
of E N G t AN D. 373
tiherwife expafed to Ruin, might mt b'come Ft'ivrl to An. 2} Car.
new Diferdc'rs, or Sseds to futrre Troubles: ///'; I647-
Maje/iy therefore dejires, that his two Hnfis of ^TTf
Parliament wiuld ferioujly dffccnd into thefe Confe-
derations, and likewife tenderly look upon bis Condi-
tion herein, and the perpetual Dijhonour that nit t ft
ehave to him, if /v (hall thus abandon fo many Per-
fons of Condition and Fortune thqt have engaged
themfelves with and for him out of a Senfe of Duty ;
and propounds, as a very acceptable Tejiimony of their
Ajfettion to him, That a general Aft of Oblivion
and free Pardon be forthwith pajfed by Att of Par-
liament.
Touching the mw Great Seal ; bis A4x)ejly is wry
willing to confirm both it and oil the Afls done b-y
yirtue thereof untill this prefent Time, fo that it be
not thereby prejjed to make void thofe Alls of his
done by Firttie of his Great Seal, -which in Honour
end 'Juflice be is obliged to maintain ; and thai the
future Government thereof may be in his Majcjly,
according to the due Courfe of Law.
Concerning the Officers mentioned in the nineteenth
Article ; his Majejiy^ when he Jhall come to Weft-
minftcr, will gratify his Parliament all that pojftbly
he may, without dejlroyin'g the Alterations which art
nccejfaryfor the Crown.
His Majejly will willingly confent to the Aft for
the Confirmation of the Privileges and Cuftoms of
the Qity of London, and all that is mentioned in the
Propofitians for thc'ir particular Advantage.
And now that his Majefty hath thus far endea~.
voured to comply with the Defires of his twi Hcufss
of Parliament, to the end that this ^reement may
be firm and lofting, without the bajl Face or Qutf-
tion of Reftraint to blcmijh tbt fame, his Majefty
tarnejlly defer es prefently to be admitted to his Par-
liament at Weftminfter, with that Honour which
is due to their Sovereign ; there fclemnly to confirm
the fame, and legally to pajs the Afls before -men*
timed ; and ta give and receive a> well Satisfaction
in all the remaining Particular;, as likcwifi Cuch
qtber Pledges of mutual Lore, Truft, and
A a
374 tt* Parliamentary HISTORY
23 Car. I. as foall mcjl concern the Good of Urn and his People \
' 4J' , upon which happy • Agreement, his Majcjiy -will dif-
May. patch his Directions to the. Prince, his Sen, to re-
turn immediately to him, find will undertake for his
ready Qbedisutc thereunto,
2O' ^e Lords having appointed this Day
for taking the King's Letter into Confideration, it
was again read ; and the Quefticn beins put, Whc-
ther the King {ha}] bc brougkt fr{J^ Holdenby
rearer to London, before inch Time as their Lord-
fhips confider cf the whole Matter of the Letter I
it was refolved in the Affirmative, by a Majority
of 15 againft 9.
The Queftion being next put, Whether Oat-
lands fhail be the Place where the King fhall b^
removed to frcm tfchlenby, as foon as it can be
made ready for him ? It was alk> refolved in the
Affirmative, rnd a Meflage was fent to the Houfe
of Commons to defire their Concurrence.
A Petition ftyi. The fame Day a Petition, directed To the Right
^"o ^th^iT" fJtiiwrable ar.d Supreme Authority of this Nation,
the Commons in Parliament afTemblcd ; and in-
titulcd, The humble Petition of many Thoufands,
' Gody
. d*ftr'l"& th* Glory °fGody the Freedom of
' the Common-iveahb, and the Peace cf Men, was
-read; and it was refolved that the fame beburntby
the Hangman, on a Divifion of only 94 againft 86.
7'he Purport or Prayer of the Petition is not enter-
ed in the Journals, nor do we meet with it in any
of our Collections. The Offence feems to have
been ftyling the Commons thefupreme Authority of
we Nation: -- But this Cenfure being carried by
fo fmall a Majority, plainly indicates that the Peti-
tioners had a ftrong Party in the Houfe : And, in
Jefs than two Years after this, the Dochine thus
rcnfurcd was made the Law of the Kingdom.
May 21. In order to fatisfy the Army in feme
Meafure, an Ordinance was ptifled ar.d publilhed
K> this Effetf :
« The
^ENGLAND, 375
The Lords and Commons taking Notice that An- 'jj £"'
* divers well-affected Perfons have been fucd, in- '
' di&ed, profecuted, or molcftcd ; and others arc
' likely to be fued, indited, profecuted, or moleftr
1 ed, for Acts done by Authority of this prelent
< Parliament, and for the Service thereof, during
* thefe late Wars and Troubles ; do hereby ordain fuch is have
' and declare, That no Perfons who have act- cd ia t!lc Ser
4 ed by Authority of Parliament, or for the Service
' thereof, ought to be fued or molefted : That
' fuch as are or fhall be fo fued or molefted, may
* plead the general LTue that they are not guilty,
* and give this Ordinance in Evidence; and fhall
* have treble Cofts awarded them : That fuch
' Perfons as are not able to defend a Suit at Corri-
* mon Law, or may find themfelvt-s aggrieved in
* the Proceedings thereof, may, either before or,
1 after Trial at Common Law, make their Coin-
* plaint to the Committee of Parliament, herein
* named, or any five of them, who are impowered
* to determine fuch Complaints, to examine Wit-
* nefies, and to commit to Prifon, if they fee
* Caufe, any Perfon fuing as aforefaid, and to award
* to the Defendant treble Damages : That in cafe
' any Sollicitor, Attorney, &c. do not forbear the
* Profecution upon Order fhew^d from the faid
Committee, thatthen fuch Solicitor, Attorney, £rV,
* {hall be committed to fafe Cultody. Provided that
* nothing in this Ordinance fhall difcharge any Per-r
' fon from making a true Account to any Com-
' miflioners or Committee of Parliament of what
* they have received for the Benefit thereof (1>)S
To fhew that the Art of uccyphering is no mo-
dern Invention, we giv'e the following Inftance of
a Letter in Figures fent to the King from Mr.
/fjbburnbam, which had been intercepted by th^
Commiflioners at Hsldeniyy and by them tianf-
mittcd to the Parliament, as already mentioned.
This Letter, as decyphered, runs thus :
A a 4
lf>] Thii Ordinance at large, with the Names of the Com mi like*
ers of both Hout'cs, U printed in Sceltrt CcHcfliar.i, g. i»2^
376
Afcy.
'The Parliamentary HISTORY
Hague, Feb. 28,1646.
May it pleafe yyur Majcfty,
AS 173 hath written to you lately by Perfons
•** at large, this is in fhort to tell your Ma-
jeft/, that my Soul is forrowful to Death" for your
Afflictions ; and 389 doth confefs that Weight to
be greater than Mankind pan fuffer, unlefs your
Majefty look ftedfoftly upon Religion and Ho-
nour: Yet be not difcouraged, forif you conti-
nue conftant to your Principles, you will yet
overcome all, and, in all Probability, you will
fee a good War for your Recovery. 389 hath
perfected his Negotiation with Prince William ;
and if the Peace between Spain and the States
be declared, which is confidently faid here, he
v. ill certainly land a gallant Army for your Re-
lief 5 and 389 hopes you fhall have the Irijh Ar-
my and this meet fuccefsfully : Therefore, as you
tender the good of you and yours, be conftant
to your Grounds. If your Majefty make Laws
to ftrengthen their ufurped Power, or part with
the Church Lands, there can be no Hopes to re-
ftore you, and your Pofterity will be for ever loft.
All that I, or any of your faithful Servants, can
fay to you is, to beg conftantly for you, that
God would fortify your Refolutions, and enable
you to go through your unheard-of Trials with
Piety and Reputation; which is, and ever fhall
be, the Prayers of
, four humblefl and faiibfullejl
389-
P. S. ' 389 hopes you have burnt all yourLet-
* ters and Cyphers ; if you have not, for God's
* Sake do it. Your Majefty will ftill remember
' the Alphabet, in Confidence whereof you fee
* 389 hath only made ufe of that Part.'
Next the Letter and Examinations, fent from
-ihe Voiwr.iflioners at Hddenby-> were alfo read
• along
of ENGLAND. 377
along with the foregoing (e] ; and the Queftion be- An. 2, Car. I.
ing put, Whether this Letter of the Commiffioners ^^47* ^
with the Examinations and the Decyphering, j^y.
(hall be now communicated to the Houfe of Com-
mons ? it was refolved in the Negative ; where-
upon the following Lords entered their Diflents.
' In Confideration that this Letter being decy- ft there
phered, importeth Matters of fuch high Confe- upont
quence; and, by Examination, appears to have
been fent from Mr. AJbburnham to the King, who
hath been much employed in the King's Defigns
againft the Parliament, they conceived it fit to
be communicated to the Houfe of Commons for
the Good and Safety of the whole Kingdom ;
and that they may be acquitted from any Incon-
veniency that may arife by the not fending of it
down to the Houfe of Commons, they have ac-
* cordingly entered this their Proteftation.*
B. DENBIGH, GREY <T/"WARKE,
SAYJW^SELE, LA WARR,
P. WHARTON,
But it being moved, That the original Letter,
with the Examinations taken by the Commiffioners
and their Letter, fhall be now communicated to
the Houfe of Commons, it was refolved in the Af-
firmative.
May 22. Some Officers in the Army having con-
fented to be difbanded, the Lords thought fit to
pafs an Ordinance, fent up by the Commons, for
the Payment of j 7, 1 38 /. i o s . 1 1 d. to thofe redu-
ced Officers, late under the Command of Sir Tho-
mas Fairfax.
May. 27. The Lords took into Confideration votes relating to
fome Votes, fent up by the Commons, about dif- the Dilban
banding the Foot; and the firft being read, viz. theFcot«
Refilvcd, i. « That the General's Regiment be
firft difbanded ; that the Time for that Difbanding
be
(e} Tkcfc »r? before given at p. 360.
The Parliamentary HISTORY
L be on the firft of June, and that the Town of
Chelmsford be the Place for the Rendezvous.'
The Queftion being put, Whether to agree to
this Vote now read r It was refolved in the Affir-
mative, the Earls of Denbigh and Mulgrave, and
the Lord Vifcount Say and Sele, difienting.
Then the reft of the Votes were feverally read
and agreed to as follows, viz.
2. ' That fuch as will engage for Ireland (ball
prefently be taken on, and have a Fortnight's Ad-
vance paid them out of their fix Weeks, befides the
two Months Pay of their Arreas, and to march
forthwith to Ingat/rone, there to receive Orders.
3. « Thatthofe that {hall be difbanded fhall re-
ceive their two Months Pay of their Arrears, and
fhall depofit their Arms in the Church, and have
a Pafs to go to their feveral Homes.
4. * That the like Manner be obferved in dif-
banding the reft of the Regiments, at the feveral
Times and Places of Rendezvous, as follows, Wz,
' That Col. Hawfon's Regiment be difbanded at
BiJhops-Stortford, on the third of June next; and
thofe who engage for Ireland to march to Puckeridge
to receive Orders: That Col. Lambert's Regiment
"be difbanded at IValden, on the fifth of June next;
and that thofe that engage for Ireland march to
Htydon to recieve Orders: That Col. Lilburnis
Regiment be difbanded at Newmarket, on the tenth
of June next; and thofe who engage for Ireland
to march to Bote/ham to receive Orders ; of this
Regiment there are 580 already engaged now at
Evejholm: That Col. Harley's Regiment be dif-
banded at Cambrigdey on the eighth of June next;
and thofe that engage for Ireland to march to Stanton
to receive Orders : That Sir Hardrtfs [falter* s Re-
giment be difbanded at Huntingdon) on the twelfth
of Junt next ; and thofe who engage for Ireland
to march to Thrapjion to receive Orders: That
Col. Hammond's Regiment be difbanded at Bedford,
on the fifteenth of June next ; and thofe that en -
gage for Ireland to march to Newport-Pagndl to
leceive Orders : That Col. IngoU/by's Regiment ba
"
of E N G L AN D. 379
(Jifbanded at Wood/lock^ on the fourth of June An. a} c«r. l«
next; and thofe who engage for Ireland to march l647'
to Chipping Norton. * r?
5. * That Field-Marfhall Sktppons Regiment
•t Newcajlle be taken on for Ireland^ and march
according to his Orders.
6. ' That the Money for difbanding all thofe
Regiments, and alfo a Fortnight's Pay for thofe
that (hall go for Ireland, be conveyed under a ftrong
Guard to the feveral Places of Rendezvous, to
be there the Day before the Day of difbanding.
7. ' That the General be defired to iflue out
his Orders to the feveral Regiments, to be at the
feveral Places and Times of Rendezvous refpec-
tively; and that himfelf be prefent to fee them
difba'nded ; as likewife Field-Marfhall Skippon^
who is then to take on fuch of them as will go*
for Ireland: And that, in regard the Regiment of
Col. Ingoldfby li-es ofF from the reft, and it is to be
di (banded at Wood/leek the fourth of 'June next,
the General is defired to fend ibme Officers to fee
them difbanded.
8. ' That the feveral Captains of each Com-
pany bring a Lift of their Company, under their
Hand, to the Place of the Rendezvous appointed
for difbanding; wherein the Name of every Sol-
dier in that Company fhall be exprefled.
). ' That where it fhall appear that any of the
ners have not two Months Pay due to them,
fo much be abated as fhall be found to come fhort
of it.
10. e That it be referred to the Committee of
the Army, to confider of Inftru&ions for ftating
the Arrears and Accounts of the Soldiers of this
Army, and how Debentures fhall be given them
for fo much as fhall appear juflly due upon their
Accounts.
11. « That all Commiffion-Officers fhall re-
ceive their particular Debentures upon their Ac-
counts made by the Committee and Treafurers of
theArmy abovefaid,
2 12. « That
Soldie
380 cfbe Parliamentary HISTORY
An. 23 Car. I. 12. c That the ^xcite in Courfe £hal! be the
__, Security to be given for the Payment of the Ar-
~ Mjy, rears of the inferior OfEcers and common Soldiers j
that the Ccmmillkm-Officers fhall be paid out
of the Efcitescf the Delinquents inthenrft Excep-
tions,' net' yet difpofed j and that the Committee of
the Army do prepare and bring in an Ordinance
to a,.s i;u:
13. ' That a Committee of Lords and Com-
mons be appointed to go down, and be afiifting to
the General in this Service of dilbanding the Ar-
my."
14. ' That the Committee of Lords and Com-
mons appointed to go down to the Army, fhall, at
the Head of every Regiment, at their dilbanding,
give them the Thanks of the Houfes for their faith-
ful Service to the Parliament/
Befides the forgoing Votes fent up to the Houfe
of Lords for their Concurrence, the Commons
had refolved That 40,000 /. be appointed for the
dilbanding of thefe Regiments, and for the Fort-
night's Pay, Part of the fix Weeks Pay for thole
that fhould go for Ireland. But this laft Refolu-
tion was not fent up, which is thus accounted for
in the Commons Journals of the 25th of this Month,
'viz. Refolved, ' That all thefe Votes concerning
the Army, except thofe that concern the difpofmg of
'the Monies, be fent to the Lords for their Con-
currence/
It was afterwards ordered, That thefe Votes, fp
pafled, fhould be fent down, enclofed in the fol-
lowing Letter from both the Speakers, to Sir Tho-
mas Fairfax.
Wejlninfter^ May 28, 1647.
SIR,
which arc fenr « «yj £ arc commanded to tranfmit unto you
Fairfir, inTut- ' W thefe Votes concerning the <lifbanding
ter from the « the Foot, whereby you will fee the Care of the
Speakers of both < tWQ fjo,,fes of Parliament, to give all Satisfaction
Houfc,-
of ENGLAND. 381
to the Officers and Soldiers under your Com- An- 23 c»r« *«
mand. . l*+7' .
' You are defired to communicate thefe Votes May.
to them in fuch Manner as you (hall think beft
for preparing all Things which may conduce to
the expediting the Service, which doth fo much
import the Peace of this Kingdom, and the Re-
lief of Ireland; to which it is not doubted but
that you will contribute all that lies in your
Power, and thereby add to your former Merit.
We are
Tour Friends and Servants^
MANCHESTER,
Speaker of the Houfe of Peers
pro Tempore.
WILLIAM LENTHALL,
Speaker of the Houfe of Com-
mons.
May. 28. The Parliament being flill anxious to
ged rid of their Army at any Rate, which now be-
gan, as Mr. Rujhwortb tells us, to be the Concern of
the whole Kingdom, they this Day palled the fol-
lowing Declaration, penned, as may be feen, in
order to footh their Refentment; but it proved all
to no Purpofe.
THE Lords and Commons finding it of ab- , pari;a.
folute Neceffity, in relation to their Duty Cent's Dechra-
to this Kingdom, to take off the great Charge tion touching the
which it hath fo long undergone in "Maintenance JJ^Arm^8 "pro-
of Arms j as likcwife to that of Ireland, which viding for wi-
cries out for prefent Relief, and muft otherwife *™*> &<-
irrecoverably perifh, have therefore thought fit
to difband the Fo/.t of this Army. But, withall,
have taken it intr> their fpecial Care to give all
juft Satisfaclior, to thofe who have fcrved there-
in, providing for their Indemnity, and for the
Maintenance of fuch as have loft their Limbs;
ana likewffe for the Wjdows and Orphans of
thofe wh/j have loft t. -;c«;
4 and
3 82 'The Parliamentary H I s t o R Y
An. 23 Car. I. < ancj an Aflurance unto thofe who have volun-
v | r' , ' tarily ferved them, not to be prefied out of the
M^ ' Kingdom ; and alfo fuch a confiderable Part of
' their Arrears to.be paid to thofe that are to be
4 dlfbanded, as is poflible to be provided for at pre-
* fent, with a Regard to other public Services of
c unavoidable Necefiity; and good and fufficient
6 Security for all that {hall appear to be due, both
4 to Officer and Soldier, upon the auditing of their
e Accounts; which is put into a Way of fpeedy
8 Difpatch, and of no Trouble at all to the SoU
e dier, and but of little to the Officer; all which
* doth appear by the feveral Ordinances and Orders
e of both Houfes, patted to that Effect; which
' will, we prefume, abundantly fatisfy all Perfons
' of the Parliament's Tendernefs towards the Ar-
* my, and Acceptance of their faithful Services j
* and difpofe the Army to a chearful and readr
' Compliance with- their Refolution, that Ireland
' may be relieved, and this Kingdom recover »
* breathing Time after fo long and heavy Suffer -
* ings; th« Houfes, being fully refolved to apply
* their whole Care and Endeavours, with God'i
* Afiiftance, to remove thofe Preffures, which
* either the Neceffity of War, or Want of Leifurc
* for the Remedy in thefe troublefome Times, majr
' have oocafioned/
Next, the Lift of the Regiments of Horfe to bfc
continued for tne Defence ot the Kingdom, with
the Names of the Commanders, was read and*
agreed to as follows r
toS'tHfc'cn- That the feveral Troops in the Counties of Ler-
iptKd is Paj*. ftfter, Salop, Cbtjler, Stamffsrct* Warwick and Nor}'.-*-
ampton, (halll mahc up one Regiment, under the
Command of Col. NieS^am^ to be kept up in the
Kingdom of England: That the General's o\vn
Regiment of Horfe {hall be another: That Colt
Greaves's Regiment be a third : That Major
Tvjijletan be Colonel of Col. Rojfiters Regiment,
which {hall be a fourth: That Col. IMal/ey's R£*
gimeot be a fifth : That Lieutenant-General Cram-
of ENGLAND.
Wfirs Regiment, under the Command of Major An
Huntingdon as Colonel, (hall be a fixth : That too
Horfe and 100 Dragoons be kept up for the Safe-
ty of North-Wales, under Major-General Mitton ;
and the fame Number for South-Wales, under Ma-
ior-General Langharne ; to be commanded in Chief
by the General, as the other Horfe kept up in ths
Kingdom.
Ordered, < That the Earl of Warwick and Lord
De La War be defired to go down to the Army, to
fee the Difbanding thereof according to thefe Vote!
vfbothHoufes.'
'June i. Two Letters from Sir Thomas Fairfax,
in Anfwer to the laft Orders of Parliament fent to
him, together with a Paper, called The humble Ad-
vice, &c. of the Council of War, were read to the
follows :
And, firft, that to the Committee at Derby-Houfe :
For the Right Honourable the COMMITTEE of
LORDS and COMMONS for Irilh Affairs, fitting
•t Derby-Houfe.
Bury, May 30, 1647.
My Lords and Gentlemen,
YEfterday, towards Evening, I received your
Lordfliips Letter, and Votes therein in- £ *•«"" f
clofed : Before the Receipt thereof I had con- toSr
vened the Officers unto a general Council of War, mittee, concero-
to advife concerning the better tranfacting of that
Buflnefs, and Prevention of all Inconveniences ; l
whereupon, after much Time fpent about it, we
came to thefe Refolutions, which declare much
Diflatisfa&ion in the Army at being difbajided
without having their Grievances fully redrefled ;
and the Danger that may enfueifany one Regi-
ment fhould be drawn out to di(band, before thp
whole Army "be equally fatisfied. The Resolutions
are Ion? and many, which I (ball hairen by a Mef-
fenger o.i purpofe to both Houfes of Parliament ^
being Things, indeed, of that great Concernment,
4 as
Another to the
E*tl of Manche-
tter oo the fame
Owafion.
Parliamentary Hi S f o R V
as I cannot but, in Duty and Difcharge of my-*
felf, comfnunicate unto the Houfes.
' In the mean Time I humbly offer unto youf
Lordfhips Confideration, that if you hold your
intended Journey to Chelmsford, there is little
Hopes (as the Temper of the Army now (lands)
that your Lordfhips will find Things anfwerable
to your Expectations : However, I have appointed
a Guard of Horfe, out of my own Regiment, to
be there on Monday ; but I doubt, the Orders
coming fo late, they cannot be there fo early%
as to meet the Money upon the Way ; and for
the fame Reafon I could not poffibly have the
Life-Guard to be there in Time, it being now
quartered in ~Bedfordfhire, nor any other Guard
but out of my own Regiment of Horfe, which
lieth neareft. I remain
Your Lordjbips humlle Servant,
THO. FAIRFAX,
The other
cbefter.
My Lord,
was addrefled to the Earl of Man-
Bury, May 30, 1647.
YOUR Lord {hip's Letter of the 28th I re-
ceived Yefterday, with the Votes of both
Houfes inclofed therein : Before the Receipt
thereof I had called the Officers unto a general
Council of War, to advife concerning the better
Tranfaction of the Bufmefs, and Prevention of
all Inconveniences thereupon. When they were
in Confutation I communicated your Lordfhip's
Letter, and the Votes therewith fent, unto them.
After much Time fpent in the Debate thereof/
this inclofed was delivered to me by the Officer?,
as the Refult of the Council of War; which,
being of very great Concernment, I' held it my
Duty to haften unto your Lordibip.
6 It is no fmall Grief of Heart to me that there
' flvould'be any Diflatisfa6tion betwixt the Parlia-
* ment
r/ ENGLAND. 38-
ment and the Army, and that 'the laft Votes aid An. 21 Car. 1.
not give Satisfaftion. I befeech God to diredl ^ l6*?' f
your Lordfhips to proceed with fuch Wifdom, june
tliat Things may be determined inLove^ and this
poor Kingdom freed from further Diftractions i
which is the earneft Defire of
Tour Lard/biff i humble Servant,
THO. FAIRFAX.
The Paper mentioned in the foregoing Letter.
Jo his Excellency Sir THOMAS FAIRFAX, Knf.
Commander in Chief of the Parliament's Forces y
T'be OPINIONS and HUMBLE ADVICE of your Coun-
cil of [far, convened at Bury this Saturday the
2tyth of May 1647, in relation to the Votes of
Parliament communicated unto us by your Excel-*
lency, and your Defire of our Adv ice thereupon.
Humbly Jhewing)
1. ' ~T~* HAT, upon the Reports cdme to all the Advice at
' J. Quarters of the Army, concerning the the Council of
Votes and Proceedings of the Houfes of Friday
the lift of May ; as alfo of thofe ofThurfday the
2yth of May^ we find the Generality of the Ar-
my (as we alfo ourfelves) much unfatisfied with
fne one, and fomething amazed and ftartled at
the other; the firft Votes, of Friday, coming
much fhort of Satisfa&ionj as to the Grievances
of the Army then reported to the Houfe, and
not taking: any Notice at all of fome that are
moft material; and the latter, olThurfday^ import-
ing, a Refolution fuddenly to difband the Army
by Piece-meal, before equal Satisfaction be gi-
ven to the whole Army of the Grievances, or fo
much as any Confideration had of fome others
mbft material ; and alfo before any effectual Per-
formance of that Satisfaction which the Votes ot
Friday feemed to promife, as to fome of the
VOL. XV. B b « Grie-
The Parliamentary HISTORY
l. c Gncvances ; -all which we (hall be ready, upon
' a little Time given us, to prefent to your Excel-
* kncy more diftin&ly, and in Particulars.
* II. '<• That the faid Diflatisfaclion, and the Jea-
* loufies occaftoned upon the faid Proceedings, as
* we fear, and, by fome Effects already appearing,
* do find, may unhappily produce dangerous Di-
* flurbances and tumultuous Actings amongft fe-
* ve'ral Farts of the Army, as they lie now difperfed
* and remote frcm the Head Quarters; efpecially
* amongft thofe Regiments, whofe principal Offi-
' cers, by neglecting and deferting their Soldiers
* in their neceflary Concernments, or juft Grie~
* vances, have dilbbliged their Soldiers, and loft
4 their Intercft with them ; infomuch that fuch
4 Officers are in fome fort forced to withdraw
4 from their Charges, and can fcarce, with Safe-
4 ty, come at them : And, to prevent the In-
4 conveniences or ill Ccnfcquences which fuch
4 difturbed or tumultuous Actings might produce,
4 either to the Countries where the Army quar-
' ter, or to the Kingdom, we humbly advife your
* Excellency, without Delay, to draw the Army,
4 or at leaft thofe Parts thereof that are not fixed
* to certain Quarters upon particular Duty, unto
' a clofer Pofturc of Quarters ; fo as each Regi-
' merit, Troop, and Company may lye under the
* View and Overfight of the refpe&ive Officers
* that are left with them ; and all of them under
* a nearer View and Correfpondence with the Head
* Quarters, which may thus have a readier Influence
* upon all, for a better preferving of good Order,
* and Prevention of Inconveniences ; and, in fuch
4 Pofture, for the Country's Eafe, as to remove and
4 (hi ft the whole Quarters once a Week at leaft,
* till, upon further Satisfaction, the Army may be
4 quietly and orderly difbanded.
III. 4 That, upon the fame Diflatisfa&ions, wo
* find an extreme Earneftnefs and violent Propcn-
c fity amongft the Soldiers to a general Rendez-
* vous ; and we verily believe the firft attempting
5 * to
of ENGLAND.
to difband any one Regiment, before equal Sa* An. 13 Car. £
tisfaction to all, and AiTurance againll thofe
they have Caufe to fear, will occafion them all *"
to draw together and redezvous of themfelves,
as it were upon Alarm. To prevent the Incon-
veniences or ill Confequences, both to thofe
Counties and the Kingdom, of any fuch tumul-
tuous or confufed Drawing unto Rendezvous
without Order, we humbly advife your Ex-
cellency, without Delay, after the Contraction
of Quarters, to order a general Rendezvous for
thofe Parts of the Army whofe Quarters {hall
be fo contracted ; and this we advife and defire
the rather, becaufe of the fcandalous Sugseftions
of fome, importing as if the late Difcontents
appearing in the Army, and the Reprefent;ition of
Grievances, were not really in or from the Bo-
dy of the Soldiery ; but a meer Delulion and
Appearance, made by the Contrivance and Ar-
tifice of lome factious Officers, or fome other
Perfons in the Army ; the Truth or Falfliood
whereof, as alfo the true Diftemper or Difpofi-
tion of the Army, your Excellency and all others
may moft clearly difcover, by fuch a general
Rendezvous, without Delay or Trouble of go-
ing to every Regiment apart as they now lye ;
the Army may more certainly underftand what
they may expect from the Parliament ; and both
Parliament and Kingdom know what to judge
and truft to concerning the Army : And to that
Purpofe, at fuch a Rendezvous, we (hall (we
hope through the Grace of God) difcharge our
Duries to the Parliament and the Kingdom, as
well as to your Excellency and the Army ; and
dcmonftrate that the Good and Quiet of the King-
dom is much dearer to us than any particular
Concernments of our own. Thefe two laft
Things we humbly advife and defire may be
done without Delay, or that otherwife we may
be held acquitted from all Inconveniences that
may enfue in our feveral Charges.
B b 2 IV.
The Parliamentary Hi s T o R V
IV. « Since bciules theDifTitisfadVions